After 20 years of campaigning by families, friends, and unions whose members have been killed at work, today the Industrial Manslaughter Bill passed the NSW Parliament.

NSW is the last mainland state to make industrial manslaughter an offence.

The Minns Government has fulfilled its promise to legislate industrial manslaughter.

Since 2019 more than 300 workers have been killed in NSW. The new Industrial Manslaughter law will give prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace.

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

There will be a maximum penalty of $20 million in fines for a body corporate, the highest in Australia.

It will be supported by a new unit established in the NSW Office of the Director of Public Prosecutions.

The new law does not create new work health and safety obligations or duties for employers but creates a strong new offence to deter unsafe practices and strengthen accountability.

The Government consulted widely before introducing the bill and the bill was supported by an overwhelming majority of the Parliament.

A review is to be undertaken 18 months after the commencement of the provisions.

Minister for Work Health and Safety Sophie Cotsis said:

“This is a historic moment for worker safety in New South Wales.

“These are not laws we ever want to use. We want them to act as a deterrent and a reminder that this government takes worker safety seriously.

“We want those responsible for workplace safety – who are responsible for the lives of their workers - to take that role with utmost seriousness.

“The message sent today is clear - unsafe practices will not be tolerated.

“It is a fundamental right of every worker to go to work and come home safely to their loved ones.”