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Court Room

Industrial Manslaughter and Executive Liability course

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Why do this course? 

From 16 September 2024 Industrial manslaughter is now an offence in New South Wales. This means that business owners, directors and CEOs found guilty of significantly contributing to a workplace fatality may face jail time of up to 25 years under the new charge. The business itself may be fined up to $18 million. Industrial manslaughter is a special kind of Category 1 offence. Prior to the new industrial manslaughter charges, workplace fatalities were deemed Category 1 offences and were charged accordingly. Under the new laws, Directors and CEOs may still face jail time for Category 1 offences that did not necessarily result in a workplace fatality.​

 

Who should do this course? 

  • Company Directors

  • Board Members

  • Executive Managers

  • Officers under WHS Act s27

 

Learning Objectives:

 

By the end of the course, participants will be expected to be able to:

  

  1. Explain the legal concept of industrial manslaughter and its implications under WHS law.

  2. Identify the duties of officers under the WHS Act 2011 (NSW).

  3. Demonstrate recognition of the personal liability that directors and officers may face for breaches leading to a workplace fatality.

  4. Demonstrate how to apply the principles of due diligence in a WHS context.

  5. Review high-profile cases where officer accountability was central.

  6. Describe how to implement governance frameworks that reduce personal and organisational risk.

  7. Describe how leadership and culture directly influence WHS outcome

Course duration

 

2 Hours

 

Course Content Overview

Referring to recent case studies and legal developments, this tailored session will explore the evolving responsibilities of Directors and Officers under the WHS Act 2011 (NSW), with a focus on industrial manslaughter risk.

 

Participants will gain insight into the practical application of WHS due diligence, the personal implications of WHS breaches, and the critical role of executive leadership in preventing workplace fatalities. Real-world examples are used to illustrate key learnings and legal expectations at the Officer level.

 

Session 1: Introduction to Industrial Manslaughter​

Session 2: WHS Act 2011 (NSW) – Duties of Officers​

Session 3: Due Diligence and Risk Governance

Session 4: Case Studies and Legal Precedents​

Session 5: Executive Leadership and Safety Culture​

Session 6: Q&A and Wrap-Up

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