Victorian Manslaughter Laws Commence With Broader Definitions

The new criminal offence of workplace manslaughter has commenced in Victoria, which applies to all employers, self-employed persons, or company officers who negligently cause the death of a worker or member of the public.

Employers found guilty of the new OHS offence face fines of up to $16.5 million and individuals face up to 25 years in jail, which the government says sends a clear message to employers that putting lives at risk in the workplace will not be tolerated.

Importantly, the new offence broadens the criteria that defines a workplace death.

Fatalities that occur on the road while working, suicides attributable to a workplace health and safety failure, deaths from industrial diseases such as silicosis, and workplace deaths resulting from a criminal act, will all be recognised in the WorkSafe toll.

Workplace Safety Minister Jill Hennessy has also previously stated that the offence could capture negligent workplace conduct that contributes significantly to a person sustaining an injury or contracting an illness like a mental illness that later causes the person’s death.

Under these interpretations, more Victorians will be entitled to WorkSafe family support services following the death of a loved one at work, and it is hoped that broader reporting will bring increased focus to workplace health and safety issues.

Hennessy said that broadening the definition of a workplace fatality would help better identify and address the true extent of workplace health and safety issues in the state.

“If an employer’s negligence costs someone their life, they will be prosecuted and may go to jail – that’s now the law.”

The laws are supported by a $10 million package to improve investigation and enforcement of workplace safety laws, including a specialist WorkSafe team to lead investigations and prosecutions, and two additional WorkSafe Victoria Family Liaison Officers to give families more support.