Industrial manslaughter penalties of $18 million and 20 years behind bars proposed for model WHS laws

Australia’s workplace relations ministers have agreed to insert industrial manslaughter considerations into model WHS laws, paving the way for states without their own legal provisions to adopt the model framework.

Industrial manslaughter, where a person or organisation can be found liable for a worker’s death due to their action or inaction, is currently covered by a patchwork of rules between Australian jurisdictions.

Offence provisions for industrial manslaughter have been introduced in Queensland, Victoria, Western Australia, the Northern Territory, and the Australian Capital Territory in the past decade.

Broadly, the laws are designed as a deterrent to conduct which may seriously endanger workers, and a punishment for business operators who fail to ensure the safety of personnel under their responsibility.

Across jurisdictions, maximum penalties for individuals extend to decades imprisonment, with millions of dollars in penalties for corporations.

While progress towards similar laws has been made in South Australia, other jurisdictions, including the Commonwealth itself, currently do not have industrial manslaughter provisions on the books.

At a Wednesday meeting of state, territory, and federal ministers, it was agreed “by majority” to adopt industrial manslaughter under the model WHS laws, reflecting the recommendation of a major 2018 review of WHS law settings.

“In recognition of this decision, Ministers by majority agreed to amend the model WHS Act to include a jurisdictional note and model penalty dealing with industrial manslaughter,” a meeting communique reads.

Under the model, a body corporate found guilty for industrial manslaughter should face penalties of up to $18 million, with individuals liable for up to 20 years behind bars.

Notably, the decision to include a jurisdictional note, and not a wholesale industrial manslaughter provision, suggests the federal government is eager to let jurisdictions which have already established a criminal framework to keep it in place, instead of adopting an entirely new model.

In addition, the Commonwealth will now move towards its own industrial manslaughter provisions, which are likely to cover workers in the public sector and other Commonwealth employers like those enlisted by the Department of Defence.

“Many jurisdictions have introduced industrial manslaughter offences or committed to doing so,” the communique reads.

“The Commonwealth Minister indicated the Australian Government’s intention to scope and consult on an industrial manslaughter offence under Commonwealth WHS laws.”