Key Points
- The NSW government will introduce legislation to parliament on Tuesday.
- Authorities say the toughest penalties will apply to the “worst of the worst cases” of negligence.
- The 25-year jail term is on par with the maximum penalty in Victoria, but slightly higher fines will apply in NSW.
Businesses and individuals found responsible for NSW workplace deaths through gross negligence will be hit with the harshest penalties in Australia under new industrial manslaughter laws.
The NSW government will introduce legislation to parliament on Tuesday allowing for individuals to be sentenced to a maximum of 25 years in jail for the offence, while corporations can be fined up to $20 million.
The jail term is on par with the maximum penalty in Victoria, but slightly higher fines will apply in NSW.
No other mainland jurisdiction has a 25-year maximum sentence for industrial manslaughter, although NSW will be the last mainland state or territory to introduce the offence.
The penalties align with recommendations by Unions NSW after analysis of Safe Work Australia data found a worker had died in the state at an average rate of one per week since 2013.
Work Health and Safety Minister Sophie Cotsis said the penalties would apply to the “worst of the worst cases” in which gross negligence was at play.
“Every worker deserves to go home to their loved ones at the end of the day … no government should ever want to have to use these laws,” she said.
“Any workplace death is a tragedy and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable.”
The most serious workplace offences, including deaths, are currently covered under the top tier of health and safety laws and carry a maximum penalty of five years in jail for individuals or a $3.8 million fine for corporations.
The Director of Public Prosecutions will be responsible for handling the prosecution of individuals and, in some cases, corporations if the laws are passed.
Community consultation on the new laws included interactions with work health and safety experts, business groups, legal stakeholders and the families of people who have been killed at work.
Patrizia Cassaniti, whose son Christopher was killed in a scaffolding collapse in 2019, has been campaigning for the legal change and is expected to be in parliament for the introduction of the laws.
