New Industrial Manslaughter laws in NSW

Jul 10, 2024 | Publication

The Industrial Manslaughter Bill has passed NSW Parliament and will make industrial manslaugther an offence.

According to the NSW government, since 2019 more than 300 workers have been killed in NSW.  Under the new law, a business or individual can be held responsible for the death of a person due to gross negligence in the workplace.

The maximum penalty will be 25 years jail for an individual.  This is consistent with the existing penalty for manslaughter in NSW.

The maximum penalty for a corporation will be $20 million.

The NSW Office of the Director of Public Prosecutions will have a new unit established.

There are no new work, health and safety obligations or duties for employers.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

Can a Shareholder claim against a Company?

A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...

Court of Appeal Clarifies GP’s Duty of Care in Varipatis v Almario

In a landmark decision, the New South Wales Court of Appeal upheld the appeal of a general practitioner (GP) who was previously found negligent for not referring a morbidly obese patient for bariatric surgery. The case, Varipatis v Almario [2013] NSWCA 76, provides...

What is the process involved in making a Will?

A Will is an essential document that applies once you have passed away.  It sets out your wishes in relation to all sorts of things including who is to control your affairs, who is to receive your net assets, who is to look after any children under 18 years, how...

What types of business structures are there?

There are various types of business structures, each with their own legal, tax and operational considerations.  These include: 1                    Sole...

Partnership Disputes – Causes and Resolution

Partnerships are a common business structure.  Frequently we see disputes where one or more partners wishes to leave the partnership, and financial and other disputes relating to a partnership.  Understanding the causes of these disputes and how they can be...

What Types of Claims can be made on a Deceased Estate?

A deceased estate has a range of potential claims that can be made against it.  These arise not only from the actions of the deceased but also from legislation that deals with how deceased estates are administered and distributed. Some examples of potential...

Fundamentals of Companies – Getting the Basics Right

A company is a separate legal entity, being an artificial person that only ceases to exist via the hands of its members or via government intervention.  A company’s personality is expressed in its constitution and enables the members of the company to combine...

Loss of chance

In the landmark decision of Tabet v Gett [2010] 240 CLR 537, the High Court of Australia provided crucial insights into the principles of causation in negligence claims. This case is pivotal for understanding how courts assess the direct link between alleged...

Webinar – How to Reduce the Risk of a Claim on Your Estate

Join us for an informative seminar on "How to Reduce the Risk of a Claim on Your Estate" via Zoom on Thursday, 5 September at 8 pm. This one-hour complimentary session, including a Q&A segment, will provide valuable insights and practical strategies to safeguard...