Executive summary of update

Effective date: 1 March 2026

This update introduces significant changes to the Work Health and Safety Act 2011, primarily focusing on enhanced accountability for serious workplace incidents and new health-specific regulations. The most critical change is the introduction of an industrial manslaughter offence, carrying severe penalties and no limitation period, which fundamentally alters the risk landscape for businesses and officers in cases of workplace fatalities. Additionally, new provisions for silica worker registration and mandatory psychosocial reporting signal a targeted regulatory focus on specific health hazards. Changes to prosecution authority empower registered organisations and modify penalty allocation, while the phased application of digital work systems access introduces new compliance considerations. These amendments collectively demand a proactive and comprehensive review of existing safety management systems, legal strategies, and operational procedures.

Impacted parties

Persons conducting businesses or undertakings, officers, workers, and registered organisations are most significantly impacted by these changes, which alter their legal obligations, risks, and enforcement mechanisms.

Change Analysis

1. Introduction of Industrial Manslaughter Offence

• What changed: A new Part 2A (Sections 34B-34F) has been inserted, creating the offence of industrial manslaughter. This applies to persons conducting a business or undertaking and officers who engage in conduct with gross negligence, causing the death of a worker or other individual to whom a health and safety duty is owed.
• Impact: This introduces severe penalties, including imprisonment for 25 years for individuals and $20,000,000 for body corporates. There is no limitation period for these proceedings....