Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Industrial Manslaughter in Queensland

The charge of Industrial manslaughter is one of the most serious offences under Queensland workplace safety law. It was introduced to ensure that businesses and senior decision-makers can be held criminally responsible when workplace negligence results in the death of a worker.

Part 2A of the Work Health and Safety Act 2011 (Qld), introduced in 2017, creates the offence of industrial manslaughter. This part of the Act is designed to allow certain people to be held criminally responsible when a worker dies, or is injured and later dies, as a result of conduct in a workplace.

This article explains who can be charged, what conduct is required, the penalties that apply, and how the offence is prosecuted in Queensland.

Who Can Be Charged With Industrial Manslaughter?

Under Part 2A of the Act, there are two categories of people who may be charged with the offence of industrial manslaughter:

• a person conducting a business or undertaking (PCBU), or

• a senior officer of a PCBU.

The legislation focuses on the role a person performs within a business or undertaking, rather than their job title alone.

Person Conducting a Business or Undertaking (PCBU)

Section 5 of the Act deals with the meaning of person conducting a business or undertaking. Rather than providing an exhaustive definition, the section includes specific inclusions and exclusions.

A person is considered a PCBU whether the person conducts the business or undertaking:

• alone or with others

• as part of a partnership or incorporated association

• regardless of whether the business is conducted for profit or gain.

However, a person is not a PCBU if they are engaged solely:

• as a worker in the business or undertaking, or

• as an officer of the business or undertaking.

An elected member of local government is also not considered a PCBU.

Senior Officers

A senior officer of a PCBU is defined in section 34A of the Act.

Senior Officers of Corporations

For a PCBU that is a corporation, a senior officer is an executive officer of the corporation. This means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or formally titled an executive officer.

Senior Officers of Non-Corporate PCBUs

For a PCBU that is not a corporation, a senior officer is the holder of an executive position (however described) who makes, or takes part in making, decisions affecting all or a substantial part of the person’s functions.

What Conduct Is Required for Industrial Manslaughter?

Sections 34C and 34D of the Act create separate offences for PCBUs and senior officers. While the offences are directed at different parties, the required elements are the same.

A person commits the offence of industrial manslaughter if:

• an individual to whom the person owes a health and safety duty dies, or is injured and later dies

• the person’s conduct causes the death of the individual, and

• the person is negligent about causing the death by the conduct.

A person’s conduct is held to cause the death if the conduct substantially contributes to the death.

Negligence is therefore a central element of the offence.

Penalties for Industrial Manslaughter in Queensland

Industrial manslaughter carries extremely serious criminal penalties.

Penalties for a PCBU

For a PCBU, the maximum penalty is:

• 20 years imprisonment (for an individual), or
• a fine of 100,000 penalty units (currently a total of $16,130,000) for a body corporate.

Penalties for Senior Officers

For a senior officer, the maximum penalty is:

• 20 years imprisonment.

These penalties reflect the seriousness with which Queensland treats workplace deaths caused by negligence.

Volunteers and Incorporated Associations

The Act provides specific exceptions.

Volunteers

Section 34B states clearly that a volunteer cannot commit an offence of industrial manslaughter.

Volunteer Associations

A volunteer association is not considered to conduct a business or undertaking for the purposes of the Act.

However, a senior officer of an unincorporated association who is not a volunteer may still commit the offence.

How Is Industrial Manslaughter Prosecuted?

Although the offence is contained within the Work Health and Safety Act, industrial manslaughter is treated as a criminal offence in Queensland.

A charge of industrial manslaughter must:

• proceed on indictment, and
• be dealt with in the District Court of Queensland.

Industrial Manslaughter Prosecutions in Queensland

Since the legislation commenced, there have been prosecutions under the industrial manslaughter provisions.

Brisbane Auto Wrecking Yard Prosecution (2020)

In 2020, the operators of a Brisbane auto wrecking yard were prosecuted following the death of an employee who was crushed by a reversing forklift operated by another employee.

Charges of industrial manslaughter were laid against:

• the company (as the PCBU), and

• two of the directors.

Ultimately:

• the company pleaded guilty and received a $3 million fine, and

• the two directors pleaded guilty to lesser offences and were each sentenced to suspended 10 month prison sentences.

In imposing penalties, the Court considered factors including:

• the absence of safety systems

• knowledge of catastrophic risk

• failure to take available steps to reduce or remove the risk

• the extended period during which the business exposed employees to danger.

Conclusion: Industrial Manslaughter Is a Serious Criminal Offence

Industrial manslaughter is one of the most serious workplace safety offences in Queensland. As a result, it carries significant penalties, including lengthy imprisonment and multi-million-dollar fines.

Accordingly, if you have been involved in a workplace accident or are subject to a work health and safety investigation, you should seek advice from a criminal lawyer immediately.

Early legal advice is essential, as it helps protect your rights and ensures you respond appropriately to any investigation or prosecution.

Similarly, if you or your business are being investigated following a workplace incident, or if you are concerned about potential industrial manslaughter allegations, it is critical to obtain legal advice without delay.

Ultimately, industrial manslaughter is a serious criminal offence in Queensland, carrying substantial penalties including imprisonment and significant fines. With early legal representation, you can better protect your position, receive guidance in responding to regulators, and take the appropriate steps from the outset.

Please contact our criminal and regulatory defence lawyers as soon as possible to discuss your situation confidentially and obtain urgent advice.

If you need help, contact us at:

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📞 (07) 3221 4999

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