Industrial manslaughter compliance for Australian companies and officers
Every Australian state and territory (except Tasmania) now has an industrial manslaughter offence applying to persons conducting a business or undertaking (PCBU) and officers where workplace conduct causes death. This guide sets out 10 obligations — officer due diligence, workplace safety duties, and the documentation that protects officers when regulators investigate a fatality.
Coverage
Every officer of a PCBU (directors, secretaries, persons participating in management decisions affecting substantial parts of the business). Every PCBU — companies, partnerships, sole traders, government agencies, and unincorporated associations that carry on a business or undertaking. Volunteers in certain associations are exempt.
Legal basis
Work Health and Safety Act 2011 (Cth) s 27 (officer due diligence). State-based industrial manslaughter provisions: Crimes Act 1900 (ACT), Work Health and Safety Act 2011 (Qld) s 34C, Occupational Health and Safety Act 2004 (Vic) Pt 5A, Work Health and Safety Act 2012 (NT) s 34B, Work Health and Safety Act 2020 (WA) s 30A, Work Health and Safety Act 2012 (SA) (as amended), Work Health and Safety Act 2011 (NSW) s 34C.
The obligations
Discharge officer due diligence duties
Officers must exercise due diligence to ensure the PCBU complies with its work health and safety duties, including acquiring and keeping up to date knowledge of WHS matters.
Understand the nature of the business and its hazards
Officers must gain an understanding of the nature of the operations and the hazards and risks associated with those operations. Site visits, safety walks, and reporting lines support this element.
Ensure the PCBU has appropriate resources and processes
Officers must ensure the PCBU has appropriate resources and processes to eliminate or minimise risks to health and safety. Budget, personnel, and systems must be commensurate with the risk profile.
Ensure information receipt and response systems are in place
Officers must ensure the PCBU has processes for receiving, considering, and responding in a timely way to information about incidents, hazards, and risks.
Verify resources and processes are being used
Officers must verify that the resources and processes in place are being used and implemented. Verification is active — receiving reports is not enough on its own.
Discharge the primary duty of care as a PCBU
The PCBU has a primary duty to ensure the health and safety of workers so far as is reasonably practicable, including providing safe work environments, plant, systems of work, and facilities.
Comply with state-based industrial manslaughter elements
Industrial manslaughter offences generally require negligent or reckless conduct by the PCBU or an officer causing a worker's death. Elements vary by jurisdiction — check the specific statute.
Preserve evidence at a notifiable incident site
When a notifiable incident (death or serious injury) occurs, the scene must be preserved until an inspector arrives or directs otherwise, except to the extent required to protect a person or property.
Notify the regulator of a notifiable incident
A PCBU must immediately notify the regulator of a notifiable incident — death, serious injury or illness, or dangerous incident. Written notification within 48 hours on request.
Do not enter into WHS insurance for penalties
It is an offence to enter into, provide, or benefit from a contract of insurance or other arrangement that covers WHS penalties. Legal defence costs are permitted to be insured.
What happens if you do not comply
Industrial manslaughter penalties vary by jurisdiction: Queensland imposes up to 20 years imprisonment for individuals under WHS Act 2011 (Qld) s 34C; Victoria imposes up to 25 years imprisonment under the OHS Act 2004 (Vic) Pt 5A; each state imposes fines on body corporates in the order of $15–18 million; Western Australia imposes up to 20 years imprisonment and $10 million; the Northern Territory imposes life imprisonment for individuals. WHS Act Category 1 offences carry up to 5 years imprisonment and fines up to $15 million.
Reporting requirements
Immediate notification to the WHS regulator of any death, serious injury or illness, or dangerous incident. Written notification within 48 hours on request. Police must be notified of deaths. Coroner referrals apply.
What firms should do today
- Build an officer due diligence workbook with the six s 27(5) elements and dated evidence for each
- Run quarterly safety reports to the board covering incidents, near misses, and control effectiveness
- Conduct annual due diligence site visits for officers of multi-site PCBUs
- Preserve incident scene protocols and train supervisors on s 39 preservation duties
- Review D&O insurance to confirm defence costs are covered and WHS penalty exclusions are understood
- Pre-brief officers on the response to a fatality — scene preservation, regulator notification, legal representation
Compliance with Quillio
Quillio drafts officer due diligence evidence packs, board safety reports, notifiable incident notifications, and investigation response plans aligned to the WHS Act and state-based industrial manslaughter statutes. Australian-hosted infrastructure keeps sensitive incident information onshore. See /practice-areas/commercial-lawyers or start a free trial.
This guide is general information about industrial manslaughter and WHS officer duties — not legal advice. State regimes differ materially and industrial manslaughter is a serious criminal offence. Obtain specialist WHS advice immediately after any fatality or serious incident.
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