Australia's highest WHS fine, for manslaughter, becomes law

NSW's industrial manslaughter laws

NSW's industrial manslaughter laws have passed both houses of Parliament, but State Work Health and Safety Minister Sophie Cotsis stressed that "these are not laws we ever want to use".


"We want them to act as a deterrent and a reminder that this Government takes worker safety seriously," she said.


"We want those responsible for workplace safety – who are responsible for the lives of their workers – to take that role with utmost seriousness."


Cotsis noted the offence, which will commence on a day to be appointed by proclamation, carries maximum penalties of 25 years' jail for individuals such as officers, and what will be highest fine for a workplace health and safety breach in Australia – $20 million for bodies corporate.


Currently, Australia's highest maximum safety fine is 100,000 penalty units, equating to just over $19.2 million for 2023-24, for workplace manslaughter in Victoria.


Unlike other offences under the NSW Work Health and Safety Act 2011, the maximum fine for NSW's industrial manslaughter offence will not be tied to a penalty unit number, meaning it will not increase with the consumer price index.


The offence was created by the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024, which was amended in the Legislative Assembly earlier this week to clarify that an officer of a PCBU commits industrial manslaughter if he or she engages in grossly negligent conduct that causes the death of an individual to whom the PCBU owed a health and safety duty (see related article).


After the Bill passed Parliament yesterday afternoon, Cotsis reiterated that the new offence will be supported by a newly established dedicated unit within the State Office of the Director of Public Prosecutions, and the Bill's provisions will be reviewed 18 months after they take effect.


Safety advocate Patrizia Cassaniti, who is also a member of SafeWork NSW's Family and Injured Workers Support and Advisory Group, dedicated the passage of the Bill to her son Christopher "and every other worker who went to work and never came home".


Christopher Cassaniti was 18 when he was killed in a major scaffolding collapse at a Macquarie Park workplace in April 2019.


The incident prompted a series of legislative and regulatory developments, including the prosecution of a PCBU that was handed a then record $2 million recklessness fine in November 2022 (see related article).


"I would like to thank and congratulate Minister Sophie Cotsis and her team for all the hard work and the Minns [Labor] Government for making this Bill a priority and a long overdue reality," Patrizia Cassaniti said yesterday.


NSW was the last mainland jurisdiction to make industrial manslaughter an offence, with the previous State Coalition Government opting against the move.

"This is an historic moment for worker safety in NSW," Cotsis said yesterday.


"The message sent today is clear – unsafe practices will not be tolerated," she said.


“This article has been reproduced with permission from OHS Alert, and the original version appears at www.ohsalert.com.au” 

Contact Us

Zenergy News

WHS news Australia
By Dean Woods • October 25, 2026
This week: the Best Practice Review of the model WHS laws, new Clerks Award work-from-home rules, job market data and a featured Sydney HSE Manager role.
Best Practice Review model WHS laws
By Dean Woods • October 25, 2026
Safe Work Australia's first national WHS review since 2018 makes 21 recommendations. What they cover and what HSE leaders should do before they become law.
Fake Safety Certificates: An HSE Hiring Wake-Up Call
By Dean Woods • October 19, 2026
WorkSafe Victoria is investigating fake safety qualifications. How employers should verify tickets, licences and real competency when hiring HSE talent.
Zenergy Take 5: WHS News for the Week of 19 October 2026
By Dean Woods • October 19, 2026
Queensland’s psych injury claims shake-up, fake safety certificates under investigation, fresh job market data and this week’s featured HSE role.
Zenergy Congratulates the 2026 AWHSA Finalists
By Dean Woods • October 13, 2026
Zenergy is proud to sponsor the 2026 Australian Workplace Health & Safety Awards. Meet the 52 finalists ahead of the Sydney gala on 12 November.
By Dean Woods • October 13, 2026
Welcome to Take 5, Zenergy's weekly five-minute scan of what's moving in Australian workplace health and safety, workers compensation and people & culture — five items, one featured senior role, every source named. This week: a hard regulatory deadline lands on the calendar, Safe Work Month hits its stride, and Safe Work Australia publishes the clearest picture in years of who is actually exposed to harm at work. 1. New workplace exposure limits commence 1 December — including Australia's first diesel particulate limit The transition period for Safe Work Australia's updated workplace exposure limits (WELs) for airborne contaminants ends on 1 December 2026. The list introduces Australia's first national exposure limit for diesel particulate matter — 0.01 mg/m³, measured as respirable elemental carbon — alongside revised limits for a range of other contaminants. Regulators are telling duty holders to use the remaining weeks to review exposure monitoring, confirm controls are effective, and prioritise elimination and engineering controls over reliance on RPE. If your operations involve diesel plant in enclosed or poorly ventilated environments — distribution centres, tunnels, underground mining, workshops — this is the compliance item to table at your next leadership meeting. Safe Work Australia has published guidance and a transition toolkit, and state regulators including SafeWork SA have flagged the change, as has NOPSEMA for offshore operators. Sources: Safe Work Australia — Changes to Workplace Exposure Limits (safeworkaustralia.gov.au); SafeWork SA — Get ready for new Workplace Exposure Limits (safework.sa.gov.au); NOPSEMA — Diesel engine emissions: new workplace exposure limit takes effect December 2026 (nopsema.gov.au). 2. Dates ahead: Safe Work Month's “for health” week and World Mental Health Day National Safe Work Month is underway, with Safe Work Australia's 2026 theme “Safe work is for life” running week-by-week focuses: “for health” (week two, this week), “for the future” (week three) and “for all” (week four). World Mental Health Day falls on Saturday 10 October, inside Mental Health Month — a natural prompt to put psychological health on the toolbox agenda, not just the poster wall. Regulators are active too: SafeWork NSW opened the month with a compliance operation targeting the meat processing sector. Sources: Safe Work Australia — National Safe Work Month (safeworkaustralia.gov.au/national-safe-work-month); SafeWork NSW — news, 1 October 2026 (safework.nsw.gov.au). 3. People & culture: FWO recovers $453 million for workers in 2025–26 The Fair Work Ombudsman's 2025–26 results, released 14 September, show $453 million recovered for underpaid workers across the year, with Ombudsman Anna Booth urging employers to find “compliance common ground”. For employers, the signal hasn't changed: payroll governance, award classification and record-keeping sit alongside WHS as enterprise-level compliance risks — and the regulator's recovery capability keeps growing. Worth a standing item on the people & culture risk register, especially for businesses with large award-covered or labour-hire workforces. Source: Fair Work Ombudsman media release, 14 September 2026 (fairwork.gov.au/newsroom). 4. Job market pulse: national vacancies ease, HSE demand holds The ABS's August 2026 Job Vacancies figures (released 1 October) show 325,000 vacancies nationally — down 0.9% over the quarter and 1.3% over the year, and 31.2% below the May 2022 peak. Private sector vacancies fell 2.0% for the quarter while public sector vacancies rose 7.8%. Health care and social assistance remains the deepest vacancy pool at 54,300. Against that gently easing backdrop, safety hiring is holding its ground from WHS advisors in Melbourne manufacturing to safety leadership in Queensland logistics — a spread we read as steady, sector-broad demand for proven operators rather than a hiring spike. Sources: ABS — Job Vacancies, Australia, August 2026 (abs.gov.au); 5. Industry story of the week: 68% of workers likely exposed to at least one hazard Safe Work Australia's newly published Worker Exposure Survey finds 68% of Australian workers are likely exposed to at least one physical or chemical hazard at work, with 28.9% experiencing high-level exposure. Solar UV is the most common hazard (an estimated 4.87 million workers), silica exposure covers an estimated 2.04 million workers and is heavily concentrated in construction and mining, and apprentices and trainees are disproportionately exposed across heat, silica, lead and asbestos. Construction, agriculture and mining are the industries most likely to see multiple hazard exposure. It's the week's most important read for HSE leaders — and the subject of this week's Zenergy deep-dive, where we unpack what the numbers mean for exposure monitoring, young-worker supervision and the 1 December exposure limit deadline. Sources: Safe Work Australia — Worker Exposure Survey (safeworkaustralia.gov.au); Safety Solutions, 28 September 2026 — “Over two-thirds exposed to a physical or chemical hazard, workers survey reveals”
More Posts