NSW is the only mainland state without an industrial manslaughter offence.

On 4 June 2024 the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 was introduced into the Legislative Assembly. If passed it will establish a new offence of industrial manslaughter.

The Bill proposes that the offence is committed when a person, whether a company or natural person, fails to comply with a health and safety duty, is grossly negligent in doing so and that failure causes the death of a worker or other person to whom the duty is owed.

The proposed offence carries a maximum jail sentence of 25 years for individuals and fines of up to $20 million for a company. There will be no limitation period on when a prosecution needs to be commenced.

The Government has separately indicated that a specialised unit within the NSW Office of the Director of Public Prosecutions will be established for prosecuting industrial manslaughter offences.