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ARTICLE · 29 DECEMBER 2023

South Australia passes industrial manslaughter laws

Gilchrist Connell
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It brings South Australia's work health and safety laws in line with other states and territories across Australia.

AustraliaEmployment and HR
Jamie Ling
Jamie Ling
James Spartalis
James Spartalis
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On 7 December 2023, the Work Health and Safety (Industrial Manslaughter) Amendment Act 2023 (SA) (amending Act) received royal assent. The amending Act amends the Work Health and Safety Act 2012 (SA) (Act) to incorporate industrial manslaughter offences.

It brings South Australia's work health and safety laws in line with the majority of states and territories across Australia that have already introduced a specific offence of industrial manslaughter. While the date is yet to be set, it is expected that the new laws will come into operation in mid-2024.

Key changes

The amending Act provides that it is an offence of industrial manslaughter when a person engages in conduct that breaches a health and safety duty and the person engages in the conduct with 'gross negligence' or is 'reckless'. If the breach of the health and safety duty causes the death of a person, the person is guilty of industrial manslaughter.

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