During the 2022 South Australian election campaign, the Labor Party committed to introducing industrial manslaughter legislation if elected.

The State Government has now released their draft Industrial Manslaughter Bill, which will be available for public consultation until 10 February 2023.

The Work Health and Safety (Industrial Manslaughter) Amendment Bill states:

A person (being a person conducting a business or undertaking, or an officer of a person conducting a business or undertaking) commits an industrial manslaughter offence if—

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

(b) the person engages in conduct that breaches that duty; and

(c) the conduct causes the death of an individual to whom that duty is owed; and

(d) the person is reckless or grossly negligent as to the risk to an individual of death.

If found guilty of the above offence, an individual could face 20 years imprisonment while a business could face a fine of up to $15 million. These penalties broadly consistent with other Australian jurisdictions with industrial manslaughter laws in place (WA, ACT, QLD, VIC, NT). The Bill also allows for a person charged with the above offence to also be found guilty of a lesser WHS office if the court is not satisfied that the offence of industrial manslaughter has been proven.

Whilst the safety of employees is of course important, the MTA believes that existing work health and safety legislation, as well as criminal manslaughter laws, are more than sufficient without the need for the proposed industrial manslaughter Bill. The MTA also holds concerns that the proposed laws may become an employment inhibitor and we are interested in the views of our members to inform our response to the government’s consultation.

A copy of the Bill can be accessed here, and you can contact the MTA Policy and Advocacy team here should you want to provide any input or recommendations.