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ARTICLE · 03 JULY 2024

Key changes: South Australia's industrial manslaughter legislation effective 1 July 2024

Mellor Olsson
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Australian employers should understand their duty to guarantee the health and safety of their workers.

AustraliaEmployment and HR
John Love
John Love
Ben Smith
Ben Smith
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On 1 July 2024 (today), South Australia's new industrial manslaughter laws under the Work Health and Safety Act 2012 (SA) (WHS Act) take effect.

Criteria for industrial manslaughter offences

The Work Health and Safety (Industrial Manslaughter) Amendment Act 2023 (SA) introduced the major indictable offence of "industrial manslaughter" which applies where:

  1. a person (including a person conducting a business or undertaking) has a health and safety duty; and
  2. the person engages in conduct that breaches that duty; and
  3. the conduct causes the death of an individual to whom that duty is owed (noting that the WHS Act states "conduct causes the death of an individual if it substantially contributes to the death"); and

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