Disclaimer: This is a summary of some of the provisions contained in the applicable legislation being the Work Health and Safety Act 2011, Electrical Safety Act 2002, Safety in Recreational Water Activities Act 2011, Coal Mining Safety and Health Act 1999, Explosives Act 1999, Mining and Quarrying Safety and Health Act 1999 and the Petroleum and Gas (Production and Safety) Act 2004.

Work Health and Safety Act 2011 (WHS Act)

Category 1 offence – section 31 WHS Act

A category 1 offence is an offence of reckless conduct.

It applies to ‘a person’ – this can be an individual (e.g. sole trader) or a body corporate (e.g. a corporation).

A person commits a category 1 offence if the person:

• has a health and safety duty
• without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness
• is reckless as to the risk to an individual of death or serious injury or illness.

The health and safety duties are set out at sections 19 to 29 of the WHS Act.

Category 2 offence – section 32 WHS Act

A category 2 offence is described as a ‘failure to comply with a health and safety duty’.

It applies to ‘a person’ – this can be an individual (e.g. sole trader) or a body corporate (e.g. a corporation).

A person commits a category 2 offence if:

• the person has a health and safety duty
• the person fails to comply with that duty
• the failure exposes an individual to a risk of death or serious injury or illness.

The health and safety duties are set out at sections 19 to 29 of the WHS Act.

Industrial manslaughter offence (PCBU) – section 34C WHS Act

This section applies to a person conducting a business or undertaking (PCBU). The definition of a PCBU can be found in section 5 of the WHS Act.

A PCBU commits an offence of industrial manslaughter if:

• a worker dies while carrying out work for the business or undertaking or is injured while carrying out work for the business or undertaking and later dies
• the PCBU’s conduct causes (i.e. substantially contributes to) the death of the worker
• the PCBU is negligent about causing the death of the worker by the conduct.

Industrial manslaughter offence (senior officer) – section 34D WHS Act

This section applies to a senior officer of a PCBU. The definition of a senior officer can be found in section 34A(1) of the WHS Act.

A senior officer commits the offence of industrial manslaughter if:

• a worker dies while carrying out work for the business or undertaking or is injured while carrying out work for the business or undertaking and later dies
• the senior officer’s conduct causes (i.e. substantially contributes to) the death of the worker
• the senior officer is negligent about causing the death of the worker by the conduct.

Electrical Safety Act 2002 (ES Act)

Category 1 offence – section 40B ES Act

A category 1 offence is described as ‘reckless conduct’.

It applies to a ‘person’ – this can be an individual (e.g. sole trader) or a body corporate (e.g. a corporation).

A person commits a category 1 offence if the person:

• has an electrical safety duty
• without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness
• is reckless as to the risk to an individual of death or serious injury or illness.

Category 2 offence – section 40C ES Act

A category 2 offence is described as a ‘failure to comply with an electrical safety duty’.

It applies to a ‘person’ – this can be an individual (e.g. sole trader) or a corporate entity (e.g. a corporation).

A person commits a category 2 offence if:

• the person has an electrical safety duty
• the person fails to comply with that duty
• the failure exposes an individual to a risk of death or serious injury or illness.

Industrial manslaughter offence (PCBU) – section 48N ES Act

This section applies to a person conducting a business or undertaking (PCBU). The definition of a PCBU can be found in section 21 of the ES Act.

A PCBU commits an offence of industrial manslaughter if:

• a worker dies while of carrying out work for the business or undertaking or is injured while carrying out work for the business or undertaking and later dies
• the PCBU’s conduct causes (i.e. substantially contributes to) the death of the worker
• the PCBU is negligent about causing the death of the worker by the conduct.

Industrial manslaughter offence (senior officer) – section 48O ES Act

This section applies to a senior officer of a PCBU. The definition of a senior officer can be found in section 48L of the ES Act.

A senior officer commits the offence of industrial manslaughter if:

• a worker dies while carrying out work for the business or undertaking or is injured while carrying out work for the business or undertaking and later dies
• the senior officer’s conduct causes (i.e. substantially contributes to) the death of the worker
• the senior officer is negligent about causing the death of the worker by the conduct.

Coal Mining Safety and Health Act 1999 (CMSH Act)

Discharge of obligations – section 34 CMSH Act

A person commits this offence if:

• they are a person on whom a safety and health obligation is imposed
• they fail to discharge the obligation.

Safety and health obligations are imposed on all persons at coal mines, as well as tenement holders, coal mine operators, site senior executives, contractors, designers, manufacturers, importers and suppliers of plant for use at coal mines.

Industrial manslaughter offence (employer) – section 48C CMSH Act

This offence applies to employers for coal mines. The definition of employer can be found in section 48A of the CMSH Act.

An employer for a coal mine commits the offence of industrial manslaughter if:

• a coal mine worker dies in the course of carrying out work at the coal mine, or is injured in the course of carrying out work at the coal mine and later dies
• the employer’s conduct causes the death of the coal mine worker
• the employer is negligent about causing the death of the coal mine worker by the conduct.

Industrial manslaughter offence (senior officer) – section 48D CMSH Act

This section applies to senior officers of employers for coal mines. The definition of senior officer can be found in section 48A of the CMSH Act.

A senior officer of an employer for a coal mine commits the offence of industrial manslaughter if:

• a coal mine worker dies in the course of carrying out work at the coal mine, or is injured in the course of carrying out work at the coal mine and later dies
• the senior officer’s conduct causes the death of the coal mine worker
• the senior officer is negligent about causing the death of the coal mine worker by the conduct.

Mining and Quarrying Safety and Health Act 1999 (MQSH Act)

Discharge of obligations – section 31 MQSH Act

A person commits this offence if:

• they are a person on whom a safety and health obligation is imposed
• they fail to discharge the obligation.

Safety and health obligations are imposed on all persons at mines, as well as tenement holders, mine operators, site senior executives, contractors, designers, manufacturers, importers and suppliers of plant for use at mines.

Industrial manslaughter offence (employer) – section 45C MQSH Act

This section applies to employers for mines. The definition of employer can be found in section 45A of the MQSH Act.

An employer for a mine commits the offence of industrial manslaughter if:

• a worker dies in the course of carrying out work at the coal mine, or is injured in the course of carrying out work at the mine and later dies
• the employer’s conduct causes the death of the worker
• the employer is negligent about causing the death of the worker by the conduct.

Industrial manslaughter offence (senior officer) – section 45D MQSH Act

This section applies to senior officers of employers for mines. The definition of senior officer can be found in section 45A of the MQSH Act.

A senior officer of an employer for a mine commits the offence of industrial manslaughter if:

• a worker dies in the course of carrying out work at the mine, or is injured in the course of carrying out work at the mine and later dies
• the senior officer’s conduct causes the death of the worker
• the senior officer is negligent about causing the death of the worker by the conduct.

Petroleum and Gas (Production and Safety) Act 2004 (PGPS Act)

General obligation to keep risk to acceptable level – section 699 PGPS Act

A person commits this offence if:

• they are a person on whom an obligation is imposed under the Act, or the safety management system, for an operating plant
• the person fails to take all reasonable steps to ensure no person or property is exposed to a level of risk in relation to the operating plant that is more than an acceptable level.

Wilful or reckless acts or omissions that affect safety – section 704 PGPS Act

A person commits this offence if:

• they are a person at operating plant
• they wilfully or recklessly do an act or make any omission that might adversely affect the safety of anyone at the plant.

Industrial manslaughter offence (employer) – section 799K PGPS Act

This section applies to employers for an operating plant or a gas work. The definition of employer can be found in section 799I of the PGPS Act.

An employer for an operating plant or gas work commits the offence of industrial manslaughter if:

• a worker dies in the course of carrying out work at the operating plant or the place where the gas work is carried out, or is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies
• the employer’s conduct causes the death of the worker
• the employer is negligent about causing the death of the worker by the conduct.

Industrial manslaughter offence (senior officer) – section 799K PGPS Act

This section applies to  senior officers of  employers for an operating plant or gas works. The definition of employer can be found in section 799I of the PGPS Act.

A senior officer of an employer for an operating plant or gas work commits the offence of industrial manslaughter if:

• a worker dies in the course of carrying out work at the operating plant or the place where the gas work is carried out, or is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies
• the senior officer’s conduct causes the death of the worker
• the senior officer is negligent about causing the death of the worker by the conduct.

Explosives Act 1999 (Explosives Act)

General duty of care – section 32 Explosives Act

This offence applies to a person who is doing an act involving explosives.  

A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property.

Industrial manslaughter offence (employer) – section 54C Explosives Act

This section applies to employers. The definition of employer can be found in section 54A of the Explosives Act.

An employer commits the offence of industrial manslaughter if:

• an employee of the employer dies in the course of doing an act involving explosives, or is injured in the course of doing an act involving explosives and later dies
• the employer’s conduct causes the death of the employee
• the employer is negligent about causing the death of the employee by the conduct.

Industrial manslaughter offence (senior officer) – section 54D Explosives Act

This section applies to senior officers of employers. The definition of senior officer can be found in section 54A of the Explosives Act.

A senior officer of an employer commits the offence of industrial manslaughter if:

• an employee of the employer dies in the course of doing an act involving explosives, or is injured in the course of doing an act involving explosives and later dies
• the senior officer’s conduct causes the death of the employee
• the senior office is negligent about causing the death of the employee by the conduct.