Tasmania has become the last Australian state or territory to pass industrial manslaughter laws.

On 11 September 2024, the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 (Tas) (the Bill) successfully passed the upper house of the Tasmanian parliament, bringing Tasmania closer into alignment with all other Australian jurisdictions on an important topic.

The Bill amends the Work Health and Safety Act 2012 (Tas) (the Act) to create an offence of industrial manslaughter.

Under this legislation, a person will commit an offence if:

• A person engages in negligent conduct that significantly contributes to the death of a worker at the workplace; and
• The person is a ‘responsible person’ in respect of the workplace; or
• The person has a health and safety duty in respect of either the workplace or the worker.

Notably, the offence does not apply to volunteers. To clarify the definition of ‘responsible person’, please reach out to our employment advisory team regarding your specific circumstances.

Defences and Penalties

The Bill outlines two specific defences to the offence:

• If the accused proves compliance with all health and safety duties related to the workplace and the worker.
• If the deceased worker was unlawfully present at the workplace and the accused was reasonably unaware of their presence; and had they known this, they would not have engaged in conduct that led to the worker’s death.

The amendment imposes a maximum punishment of 21 years’ imprisonment, or fines of up to $18 million for a body corporate in workplace death convictions.

Key Takeaways

• What This Means for Your Responsibilities – The bill does not introduce new health and safety duties; those already compliant will remain unaffected. Employers should communicate the changes in the industrial manslaughter laws to all relevant individuals, including officers.
• Understanding Criminal Negligence – The Tasmanian legislation mirrors Victoria’s approach, where the threshold for industrial manslaughter is based on criminal negligence. Conduct is deemed criminally negligent if it falls significantly short of the reasonable standard of care and presents a high risk of death or serious injury.
• Changes to Legal Timeframes – Timeframe limits for pursuing industrial manslaughter charges have been removed, aligning with how other serious offenses are handled in Tasmania.
• New Rules for Future Incidents – The offense will not apply retroactively, but it can apply to incidents occurring before the bill’s start date if the resulting death happens after the bill’s start date. For example, if maintenance obligations were not met after the amendments took effect, the person could still be liable if a death resulted.

Next Steps

The Bill now awaits Royal Assent, which will determine its immediate or later implementation. MGAIBA will continue to keep members informed of when the new laws will be enacted.

Members are encouraged to contact MGAIBA’s employment advisory team on 1800 888 479 for advice regarding changes to the industrial landscape if required. Staying informed and proactive will be crucial for independent businesses to navigate these new legal responsibilities effectively.