What is industrial manslaughter?

Industrial manslaughter (called workplace manslaughter in Victoria) is a criminal offence that applies when a business or a senior officer causes the death of a worker or another person through negligent or reckless conduct that breaches a work health and safety duty. It carries far higher maximum penalties than a standard WHS breach, including very large fines for organisations and lengthy imprisonment for individuals.

Which Australian states have an industrial manslaughter law?

All nine work health and safety jurisdictions now have an industrial or workplace manslaughter offence in force: Queensland (from 23 October 2017), the Northern Territory (1 February 2020), Victoria (1 July 2020), the Australian Capital Territory (5 November 2021), Western Australia (31 March 2022), South Australia (1 July 2024), the Commonwealth (1 July 2024, Comcare scheme only), New South Wales (16 September 2024) and Tasmania (2 October 2024).

Who can be charged with industrial manslaughter?

Both a person conducting a business or undertaking (a PCBU — for example a company) and an individual officer of that business can be charged. An organisation faces a maximum fine (for example $20 million in New South Wales or $18 million in South Australia, Tasmania, the Commonwealth and, in Victoria and the Northern Territory, a penalty-unit equivalent), while an individual officer faces imprisonment, ranging from 20 years up to life imprisonment in the Northern Territory.

What are the maximum penalties for industrial manslaughter?

Penalties vary by jurisdiction. Body-corporate maximums are $20 million (NSW), $18 million (SA, Tasmania, Commonwealth), $16.5 million (ACT), 100,000 penalty units (Queensland and Victoria), 65,000 penalty units (Northern Territory), and in Western Australia $10 million (Crime 1, s 30A) or $5 million (Crime 2, s 30B). Individual maximums range from 20 years imprisonment up to life imprisonment in the Northern Territory; in New South Wales an individual faces 25 years imprisonment only, with no fine. Penalty-unit values are indexed, so dollar conversions for Queensland, Victoria and the Northern Territory are indicative only.

Is the Commonwealth industrial manslaughter offence different?

Yes. The Commonwealth offence under the Work Health and Safety Act 2011 (Cth) s 30A applies to Comcare-scheme workplaces only — Commonwealth agencies and licensed self-insurers — not the general private workforce. Most private-sector employers are covered by their state or territory industrial manslaughter offence instead. The Commonwealth maximum is $18 million for a body corporate and 25 years imprisonment for an individual.

Industrial Manslaughter Laws & Penalties by State (2026)

Compare industrial manslaughter offences and maximum penalties across every Australian state and territory, with the exact statute, section and commencement date.

Last verified: 20 June 2026

All nine Australian work health and safety jurisdictions now have an industrial (or workplace) manslaughter offence in force. This tool shows the offence, commencement date, the maximum penalty for a body corporate and for an individual, and the exact statute and section for each — with a compare-all table.

Industrial manslaughter laws by state and territory

All nine Australian work health and safety jurisdictions now have an industrial (or workplace) manslaughter offence in force. Pick a state or territory to see the offence, when it commenced, the maximum penalty for a body corporate and for an individual, and the exact statute and section — or compare them all in one table.

Choose a jurisdiction

Jurisdiction	Commenced	Max — body corporate	Max — individual	Statute + section
QLD	2017	100,000 penalty units (indicative dollar figure indexes — confirm current value as at 20 June 2026)	20 years imprisonment	Work Health and Safety Act 2011 (Qld)s 34C
NT	2020	65,000 penalty units (indicative dollar figure indexes — confirm current value as at 20 June 2026)	Life imprisonment	Work Health and Safety (National Uniform Legislation) Act 2011 (NT)s 34B
VIC	2020	100,000 penalty units (indicative ~$19.2 million as at 20 June 2026 — indexed, confirm current)	25 years imprisonment	Occupational Health and Safety Act 2004 (Vic)s 39G
ACT	2021	$16.5 million	20 years imprisonment	Work Health and Safety Act 2011 (ACT)s 34A
WA	2022	Crime 1$10 million Crime 2$5 million	20 years imprisonment and a $5 million fine 10 years imprisonment and a $2.5 million fine	Work Health and Safety Act 2020 (WA)s 30A / s 30B
SA	2024	$18 million	20 years imprisonment	Work Health and Safety Act 2012 (SA)s 30A
Cth	2024	$18 million	25 years imprisonment	Work Health and Safety Act 2011 (Cth)s 30A
NSW	2024	$20 million	25 years imprisonment	Work Health and Safety Act 2011 (NSW)s 34C
TAS	2024	$18 million	21 years imprisonment	Work Health and Safety Act 2012 (Tas)s 29C

Penalty-unit figures: Queensland, Victoria and the Northern Territory set their maximum body-corporate penalty in penalty units, which are indexed. The penalty-unit count is the durable figure; any dollar conversion is indicative only and should be checked against the current penalty-unit value.

Commonwealth: The Commonwealth offence (Work Health and Safety Act 2011 (Cth) s 30A) covers Comcare-scheme workplaces only — Commonwealth agencies and licensed self-insurers — not the general private workforce.

General information only, current as at 20 June 2026. It is not legal advice. Confirm the current law and penalty values before relying on them.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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