The obligation
A PCBU or senior officer whose negligent conduct causes the death of a worker commits industrial manslaughter — maximum penalty $10M (body corporate) or 20 years' imprisonment (individual).
Section 30A (inserted by the WHS Amendment Act 2023) creates the offence of industrial manslaughter. An individual PCBU or senior officer who engages in negligent conduct that causes the death of a worker faces up to 20 years' imprisonment. A body corporate faces a fine up to $10M. 'Negligent' adopts the criminal negligence standard. The offence is not available to inspectors or the regulator as a WHS prosecution tool but is prosecuted by the Director of Public Prosecutions.
- What
- A PCBU or senior officer whose negligent conduct causes the death of a worker commits industrial manslaughter — maximum penalty $10M (body corporate) or 20 years' imprisonment (individual).
- Source
- legislation.wa.gov.au
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Labels
industrial manslaughter
criminal liability
negligence
Official sources
Frequently asked questions
Which WHS law does this come from?
Industrial manslaughter offence is a WHS requirement set out in Work Health and Safety Act 2020 (WA). The relevant provision is Work Health and Safety Act 2020 (WA) > Part 2 > Division 5 § s 30A.
What does this WHS obligation require?
Industrial manslaughter offence is a WHS obligation under Work Health and Safety Act 2020 (WA). In short, A PCBU or senior officer whose negligent conduct causes the death of a worker commits industrial manslaughter — maximum penalty $10M (body corporate) or 20 years' imprisonment (individual).
What changed recently?
Industrial manslaughter offence was last updated on 22 July 2026.
