Tasmania has joined the rest of Australia in passing industrial manslaughter laws. 

The state’s new industrial manslaughter laws, passed last week, allow individuals and corporations to be charged for deaths resulting from negligence or a breach of duty at work.

Under the legislation, individuals can face up to 21 years in prison, and corporations may be fined as much as $18 million. 

The law applies to those in positions of responsibility, such as business owners and managers. 

In the ten years leading up to the bill's passage, Tasmania recorded 85 work-related deaths, according to Unions Tasmania.

The Work Health and Safety Amendment (Industrial Manslaughter) Bill, which Labor put forward, passed despite opposition from the Liberal minority government. 

Opposition Leader Dean Winter highlighted that the law sends a strong message to employers about their responsibilities. 

However, Liberal MP Leonie Hiscutt argued the law was unnecessary, saying; “Tasmania is well served by existing criminal laws, including our broad crime of manslaughter”. 

Small business groups also expressed concerns. 

The Tasmanian Small Business Council argued the legislation would put undue financial strain on businesses that cannot afford to defend themselves in court. 

In response, MP David O'Byrne noted that the law follows a successful Victorian model, designed to prosecute negligence while not imposing new safety duties on compliant businesses.

The new law closely mirrors Victoria's approach, applying to persons conducting a business, officers, and those with control over a workplace. 

It does not apply to volunteers, and offers two defences: if the accused complied with safety duties, or if the worker was unlawfully present and unknown to the responsible person.

This move comes after New South Wales passed similar laws in June 2024.

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