Industrial manslaughter offences that our assault & violence defence lawyers provide legal representation for
- Industrial manslaughter under the Work Health and Safety Act 2011 (Qld)
- Industrial manslaughter under the Electrical Safety Act 2002 (Qld)
Industrial Manslaughter (PCBU)
Industrial manslaughter is a relatively recent offence introduced into Queensland’s work health and safety legislation to address the most serious breaches resulting in a worker’s death. The offence was inserted into the Work Health and Safety Act 2011 (Qld) in 2017, its primary purpose is to hold persons conducting a business or undertaking (PCBUs) and senior officers criminally liable where their negligent conduct causes the death of a worker.
This addition to the legislation was designed to address community concerns that serious workplace fatalities were not being adequately prosecuted under existing laws.
A person commits industrial manslaughter if:
- They are a PCBU or a senior officer of a PCBU, and
- A worker dies in the course of carrying out work for the business or undertaking, and
- The person’s conduct causes the death, and
- The person is negligent about the conduct causing the death
The above is not limited to intentional acts, it applies to cases of gross negligence such as ignoring known safety risks or failing to take action to prevent harm in the workplace.
Who Can Be Charged?
The offence applies to:
- Persons conducting a business or undertaking (PCBUs) – including companies, sole traders, partnerships, and unincorporated associations.
- Senior officers – such as directors, business owners, or decision-makers in a position to influence safety practices.
This means that both individuals and organisations can be charged, depending on who was responsible for the breach that caused the fatality.
For unincorporated businesses (e.g. sole traders or partnerships), the individual can be personally liable as the PCBU. For corporate entities, the company is the PCBU, and individual directors or managers may be liable as senior officers.
How Does Industrial Manslaughter Differ from Criminal Code Manslaughter?
The offence of industrial manslaughter is distinct from manslaughter under the Queensland Criminal Code section 303.
| Industrial Manslaughter | Manslaughter under the Criminal Code |
|---|---|
| Applies only to workplace-related deaths | Applies to all types of unlawful killings |
| Must involve a PCBU or senior officer | Can apply to anyone |
| Prosecution brought under WHS legislation | Prosecution brought under the Criminal Code |
| Focus is on negligence in workplace duties | Focus may be on a wide range of criminal negligence or unlawful acts |
| Investigated by WHSQ and prosecuted by the Office of Industrial Relations | Investigated by police and prosecuted by the DPP |
What are the maximum penalties for Industrial Manslaughter in QLD?
In Queensland, industrial manslaughter carries a maximum penalty up to 20 years imprisonment for individuals or 100,000 penalty units (approx $15.48 million) for body corporates.
Possible defence strategies for Industrial Manslaughter in QLD
- Mistake of fact: Honest and reasonable belief that safety obligations were met
- Ignorance of the law: Limited defence in complex regulatory settings
- Extraordinary emergency: Conduct was necessary in response to a sudden crisis
- Mental illness or insanity: Accused lacked capacity to understand or control actions
What factors impact the severity of Industrial manslaughter charges in QLD?
- Level of negligence: Whether the conduct was grossly negligent or involved a serious disregard for safety.
- Foreseeability and preventability: If the risk of death was known or should reasonably have been known and could have been prevented.
- Prior safety breaches: Any history of workplace safety violations or non-compliance.
- Response to incidents: Whether the business took steps to improve safety or cooperate with investigators.
- Plea: Whether the accused pleaded guilty early or showed genuine remorse.
- Going to trial: A not guilty plea and contested trial may result in a harsher sentence if found guilty.
Why choose Donnelly Law Group to defend your industrial manslaughter charges in QLD?
Extensive experience defending industrial manslaughter charges across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group our criminal lawyers can handle all industrial manslaughter matters throughout the state of Queensland. Our team of skilled lawyers are committed to providing you with the best representation possible, ensuring the best possible outcome in court.
Local expertise
We have appeared at every local court across the state of Queensland. We regularly appear for all criminal and domestic violence related offences, we understand the court processes and the best approach in securing a favourable outcome.
Personalised approach for every industrial manslaughter charge to help achieve the best outcome for our clients
At Donnelly Law Group we provide a personalised approach with every matter. We’re here to listen and understand your side of the story. Our dedicated client care team is available to answer your questions and ensure you’re kept informed about every stage of your legal matter.
Book An Appointment.
Our legal strategy for industrial manslaughter offences across Brisbane & Gold Coast (QLD)
Initial consultation
Donnelly Law Group was founded in Queensland and has extensive experience in handling cases across the state. With experience in all levels of the Queensland court system, you can trust us to provide strong legal support for all criminal matters.
Case assessment
The prosecution’s evidence will be examined, and our lawyers will assess its credibility. Where necessary, our lawyers will challenge any inconsistencies in the evidence to build the strongest defence possible.
Developing a defence strategy
After our lawyers have reviewed your case, a defence strategy will be created to your unique circumstances, we aim to achieve the best outcome possible in court.
Court representation
Our lawyers will appear in court on your behalf. With preparation, practice and determination, we ensure your defence is presented professionally before the courts.
Industrial manslaughter charge QLD FAQs
What is industrial manslaughter under Queensland law?
Industrial manslaughter occurs when a person conducting a business or undertaking (PCBU) or a senior officer causes the death of a worker through negligence or a breach of duty.
Who can be charged with industrial manslaughter in QLD?
Individuals (e.g. directors, business owners) and organisations (e.g. companies) acting as PCBUs or senior officers.
What should I do if I’m being investigated for industrial manslaughter?
You should seek legal advice immediately.
What are the penalties for industrial manslaughter in Queensland?
In Queensland, industrial manslaughter carries a maximum penalty up to 20 years imprisonment for individuals or 100,000 penalty units (approx $15.48 million) for body corporates.
Can directors or senior officers be personally liable for industrial manslaughter?
Yes, if their negligent conduct caused the death.
How is industrial manslaughter different from workplace health and safety breaches?
Industrial manslaughter relates to a death in the workplace, health and safety breaches are just regulatory breaches that generally result in fines.
What legislation covers industrial manslaughter in QLD?
- Industrial manslaughter under the Work Health and Safety Act 2011 (Qld)
- Industrial manslaughter under the Electrical Safety Act 2002 (Qld)
Do I need a lawyer if I’m facing industrial manslaughter charges?
Yes, industrial manslaughter is a serious and complex offence that can lead to imprisonment. Seeking legal advice immediately is recommended.
For immediate legal advice, contact us on 1300 11 22 12 for a free and confidential consultation.
Can Donnelly Law Group represent clients in regional areas facing industrial manslaughter charges?
Yes, we can represent anyone across the state of Queensland.
How much does it cost to hire a defence lawyer for industrial manslaughter charges?
At Donnelly Law Group we understand that legal fees can be a concern. That’s why we offer fixed fee arrangements instead of charging per hour. This ensures you know the exact upfront cost with no unexpected invoices
For a quote, give us a call on 1300 11 22 12
