Following on from other states, a Bill was recently introduced to NSW parliament to amend the Workplace Health and Safety Act 2011 to include an offence of Manslaughter for workplace death (Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 (the Bill)).
Current legislation addresses workplace deaths through the Crimes Act 1900, which involves no punishment for body corporates.
Under the proposed Bill, a person conducting a business or undertaking (PBCU) or a senior officer of the PCBU commits a potential manslaughter offence if:
- a worker or other person dies or is injured and later dies;
- the PBCU or officer’s conduct caused the death; and
- the PBCU or officer acted negligently or recklessly.
The maximum penalty for the offence is proposed to be 25 years imprisonment for an individual and an $11 million penalty for body corporates.
This is the second time a similar bill has been debated in NSW legislative council with a prior bill being defected in June 2020.
If you would like to know more about this proposed amendment, please give us a call on 02 4861 2345 or email us at [email protected]
Please note this blog is general in nature and for information purposes only and should not be relied on for legal advice. Should you require advice regarding the information in this email please contact us so we may provide advice specific to your needs and circumstances.
