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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Work Health and Safety Amendment
(Industrial Manslaughter) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10 3
Schedule 2 Amendment of Industrial Relations Amendment Act 2023 No 41 6
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Work Health and Safety Amendment
(Industrial Manslaughter) Bill 2024
Act No , 2024
An Act to amend the Work Health and Safety Act 2011 to create an offence of industrial
manslaughter and to provide for matters relating to gross negligence; to amend the Industrial
Relations Amendment Act 2023 to remove a redundant provision; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Work Health and Safety Amendment (Industrial Manslaughter) Act
2024.
2 Commencement
This Act commences as follows--
(a) for Schedules 1[5]-[8] and 2--on the date of assent to this Act,
(b) otherwise--on a day or days to be appointed by proclamation.
Page 2
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
Schedule 1 Amendment of Work Health and Safety Act 2011
No 10
[1] Part 2, Division 5, note
Omit "the Crimes Act 1900 and may be".
Insert instead "Part 2A and be prosecuted under this Act or may constitute manslaughter
under the Crimes Act 1900 and be".
[2] Part 2A
Insert after Part 2--
Part 2A Industrial manslaughter
34B Definitions
In this part--
conduct means--
(a) an act, or
(b) an omission to perform an act.
health and safety duty has the same meaning as in Part 2, Division 5.
34C Offence of industrial manslaughter
A person commits industrial manslaughter if--
(a) the person has a health and safety duty, and
(b) the person is--
(i) a person conducting a business or undertaking, or
(ii) an officer of a person conducting a business or undertaking, and
(c) the person engages in conduct that--
(i) for a person conducting a business or undertaking--
(A) constitutes a failure to comply with the person's health and
safety duty, and
(B) causes the death of a worker or another individual to whom
the person's health and safety duty is owed, or
(ii) for an officer of a person conducting a business or undertaking--
(A) constitutes a failure to comply with the officer's health and
safety duty, and
(B) causes the death of a worker or another individual to whom
the person conducting a business or undertaking owes a
health and safety duty, and
(d) the person engages in the conduct with gross negligence.
Maximum penalty--
(a) for an individual--imprisonment for 25 years, or
(b) for a body corporate--$20,000,000.
34D Exception for volunteers
A volunteer does not commit an offence against section 34C.
Note-- A volunteer may still be liable for an offence of manslaughter under the Crimes
Act 1900.
Page 3
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
34E No limitation period for proceedings for offences against section 34C
Proceedings for an offence against section 34C--
(a) may be commenced at any time after the commission of the offence, and
(b) are not subject to any limitation period in section 232 or another statute
of limitations that would otherwise operate to prevent the
commencement of proceedings for the offence.
Note-- See also Part 13, which provides for matters relating to legal proceedings
under this Act, including that proceedings for an offence against section 34C committed
by an individual must be dealt with on indictment.
34F Alternative verdict
(1) If, on the trial of a person for an offence against section 34C, the court or jury
is not satisfied the person is guilty but is satisfied the person is guilty of an
offence against section 31--
(a) the court or jury may acquit the person of the offence charged and find
the person guilty of an offence against section 31, and
(b) the person is liable to the punishment for the offence against section 31.
(2) To avoid doubt, section 232 does not apply to proceedings to which this
section applies.
[3] Section 216 Regulator may accept WHS undertakings
Insert "an offence against section 34C or" after "that is" in section 216(2).
[4] Section 229B Procedure for offences
Omit section 229B(2) and (3). Insert instead--
(2) Proceedings for an offence against section 34C committed by an individual
must be dealt with on indictment.
Note-- The Industrial Court has only summary jurisdiction for criminal proceedings.
(3) Proceedings for a Category 1 offence committed by an individual must be
dealt with on indictment.
Note-- Section 230 provides for who may bring proceedings for an offence against this
Act.
(3A) Proceedings for the following offences committed by a body corporate must
be dealt with summarily unless the prosecutor elects to have the proceedings
dealt with on indictment--
(a) an offence against section 34C,
(b) a Category 1 offence.
[5] Section 244B State of mind
Insert after section 244B(1)--
(1A) For subsection (1), having a state of mind in relation to the commission of an
offence does not include engaging in conduct with gross negligence.
[6] Section 244BA
Insert after section 244B--
244BA Gross negligence
(1) This section applies if an offence against this Act is constituted by engaging in
conduct with gross negligence.
Page 4
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
(2) The conduct may be established on the part of a body corporate, despite no
individual authorised person of the body corporate having engaged in conduct
with gross negligence, if the body corporate has engaged in conduct with gross
negligence when viewed as a whole, determined by aggregating the conduct
of more than 1 authorised person.
(3) For subsection (2), engaging in conduct with gross negligence may be
evidenced by the fact the conduct was substantially attributable to--
(a) inadequate corporate management, control or supervision of the
conduct of 1 or more authorised persons, or
(b) failure to provide adequate systems for conveying relevant information
to relevant persons in the body corporate.
[7] Section 276B
Omit the section. Insert instead--
276B Review of certain provisions
(1) The Minister must review the relevant provisions to determine whether--
(a) the policy objectives of the relevant provisions remain valid, and
(b) the terms of the relevant provisions remain appropriate for achieving the
objectives.
(2) The review must be undertaken as soon as possible after the period of 18
months from the commencement of the relevant provisions.
(3) A report on the outcome of the review must be tabled in each House of
Parliament within 3 months after the review is completed.
(4) In this section--
relevant provisions means the provisions inserted or amended by the Work
Health and Safety Amendment (Industrial Manslaughter) Act 2024, Schedule
1[1]-[4].
[8] Schedule 4 Savings, transitional and other provisions
Insert after clause 31--
Part 9 Provision consequent on enactment of Work Health
and Safety Amendment (Industrial Manslaughter)
Act 2024
32 Application of amendments
An amendment made to this Act by the Work Health and Safety Amendment
(Industrial Manslaughter) Act 2024 applies only in relation to conduct
engaged in, or alleged to have been engaged in, on or after the commencement
of the amendment.
Page 5
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 [NSW]
Schedule 2 Amendment of Industrial Relations Amendment Act 2023 No 41
Schedule 2 Amendment of Industrial Relations Amendment
Act 2023 No 41
Schedule 2.35 Work Health and Safety Act 2011 No 10
Omit Schedule 2.35[3], to the extent it inserts proposed section 229B(3).
Page 6
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