After 20 years of campaigning by families, friends, and unions whose members have been killed at work, the Industrial Manslaughter Bill passed NSW Parliament on 20 June 2024.

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

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 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.

Minister for Work Health and Safety Sophie Cotsis said “This is an historic moment for worker safety in New South Wales.”

The laws introduce a significant deterrent for those individuals in the workplace who continue to risk the health and safety of workers.

Ms Cotsis went on to say “We want those responsible for workplace safety – who are responsible for the lives of their workers – to take that role with utmost seriousness”.

The passing of the industrial manslaughter bill is a huge milestone for the Families and Injured Workers Support and Advisory Group (FIWSAG) who have been advocating and lobbying for industrial manslaughter to finally be accepted and become law.

The Co-Chair of SafeWork FIWSAG Jacqueline Quinlivan said “This has been such a long time coming, but we can now say we have the industrial manslaughter laws that are required”.

Today saw tributes and dedications to loved ones, with FIWSAG member Dave White said “Whilst this won’t bring back our loved ones who’ve been lost in workplace incidents, this passing of the bill may save other families from having to endure the grief and pain of losing someone who never came home from work.”