Industrial manslaughter prosecution unit to be launched in NSW

A new dedicated unit within the Office of the Director of Public Prosecutions (ODPP) will be launched to prosecute industrial manslaughter over the next four years.

NSW Attorney-General Michael Daley said: “On average, one person dies a week at work in NSW. These statistics are unacceptable. Everyone who goes to work should expect to come home safely.

“That’s why the NSW government is giving the Office of the Director of Public Prosecutions the resources to go after individuals and businesses who put workers’ safety at risk.”

The Minns Labor government will pledge $6.9 million over the next four years to 2028–29 to establish an industrial manslaughter prosecution unit.

It will exist within the ODPP’s specialised prosecutions unit with the powers to prosecute against individuals or related bodies corporate who commit an offence.

A senior solicitor, two additional solicitors, and a witness assistance officer will provide support for the new unit.

On 16 September 2024, the offence of industrial manslaughter commenced – allowing an individual or business to be held responsible for the death of a person due to gross negligence in the workplace – making amendments to the Industrial Relations Amendment Act 2023.

NSW Minister for Work Health and Safety Sophie Cotsis said: “The offence of industrial manslaughter is the most serious breach of work health and safety laws and will apply where gross negligence has caused the death of a person in a workplace.

“Any workplace death is a tragedy, and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable.”

Currently, NSW has the biggest penalties for industrial manslaughter in Australia – up to 25 years imprisonment for individuals and fines of up to $20 million for businesses.

Previously, under the Work Health and Safety Act 2011, the maximum penalty was 10 years imprisonment for individuals and $11.1 million for a body corporate.

Daley said: “This unit within the ODPP will be supported by specialist staff to enforce the toughest industrial manslaughter laws in the country.”

In a statement, the NSW government said: “This strong new offence, tough penalties and a specialist protection unit will deter unsafe workplace practices and save lives.”

Cotsis said: “Every worker deserves to go to work and return home safely to their loved ones at the end of the day.”

This news follows fatalities reported in Victoria in late September, the middle of the same month, and in August.