Northern Territory Consolidated Acts

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2011 - SECT 34B

    (1)     A person commits the offence of industrial manslaughter if:

        (a)     the person has a health and safety duty; and

        (b)     the person is a person conducting a business or undertaking or an officer of a person conducting a business or undertaking; and

        (c)     the person intentionally engages in conduct; and

        (d)     the conduct breaches the health and safety duty and causes the death of an individual to whom the health and safety duty is owed; and

        (e)     the person is reckless or negligent about the conduct breaching the health and safety duty and causing the death of that individual.

Maximum penalty:

        (a)     for an individual – imprisonment for life; or

        (b)     for a body corporate – 65 000 penalty units.

    (2)     Strict liability applies to subsection (1)(a) and (b).

    (3)     A volunteer does not commit industrial manslaughter for a failure to comply with a health and safety duty, unless the duty is under section 28 or 29.

Note for subsection (3)

The defendant has an evidential burden in relation to the matters in subsection (3) (see section 43BU of the Criminal Code).

    (4)     For this section, a person's conduct causes death if it substantially contributes to the death.