New industrial manslaughter legislation finally passed NSW Parliament on 20 June, after two decades of campaigning by unions, the friends and family of those killed at work, and work health and safety advocates.
NSW is the last mainland state in Australia to pass industrial manslaughter legislation, and it did so in the same week as Tasmania.
Under the new NSW Industrial Manslaughter Bill, which amends the Work Health and Safety Act 2011 (NSW), businesses or individuals can be held responsible for the death of a person due to gross negligence in the workplace.
Employers found responsible for a worker’s death could spend a maximum of 25 years in jail, and companies could be fined as much as $20 million – which the government says is the highest amount in the country.
The bill’s passing fulfils a promise NSW Labor made in opposition. Minister for Industrial Relations and Minister for Work Health and Safety Sophie Cotsis called it a “historic moment for worker safety in NSW”.
Cotsis went on to say the government wants the new laws to act as a deterrent. “The message sent today is clear – unsafe practices will not be tolerated. It is a fundamental right of every worker to go to work and come home safely to their loved ones.”
The move was welcomed by the relatives of those who have been injured or killed in the workplace. “On behalf of the Family and Injured Workers Support and Advisory Group and all those who are injured or have lost a loved one through industrial death, we would like to say, ‘this is for them’,” co-chair Jacqueline Quinlivan said.
“This is a step forward for NSW as a jurisdiction and I want to thank absolutely everyone who made this possible.”
Unions welcomed the news, with Unions NSW Secretary Mark Morey telling 9News the bill was passed thanks to a sustained campaign. “Through your support in the campaigning, rallies and lobbying, we can now ensure that if a boss kills a worker, they go to jail,” Morey said.
IEUA NSW/ACT Branch Secretary Carol Matthews recognised the contributions of Unions NSW and families in securing this victory. “This is a great outcome of the campaign by Unions NSW and in particular Mark Morey and the families of people who have died at work,” Matthews said.
“We applaud Sophie Cotsis as Industrial Relations Minister for her work in driving this agenda. It’s great that NSW now matches the law in this respect with other states.”