Workplace Health and Safety Protections
Legislative changes introduced in the Closing Loopholes Act in December 2023 strengthen workplace health and safety standards for all Australian workers.
These updates represent significant progress in protecting workers and ensuring safer workplaces across Australia.
They are changes that union members fought for over many years, because no matter what, every worker deserves to go to work knowing they’ll come home safe.
What do the changes involve?
The stronger laws include new offences, improved support systems for workers, expanded responsibilities for safety agencies, and more robust roles for union officials in ensuring worker safety.
Two of the key changes include the introduction of an industrial manslaughter offence, and greater support for first responders suffering PTSD.
The new laws not only impose stricter penalties for safety breaches, but also provide better support for those suffering from work-related injuries and enhance the role of unions in advocating for worker safety.
Industrial manslaughter
The industrial manslaughter offence came into operation on 1 July 2024. This offence applies to individuals or officers of a business whose intentional conduct breaches safety duties and results in an employee’s death.
The penalties are severe, including up to 25 years imprisonment for individuals, and fines up to $18 million for corporations.
Courts also have the discretion to consider Category 1 or 2 offences as alternatives if a person is not convicted of industrial manslaughter.
A category 1 offence is for situations where an employer has, through recklessness or negligence, exposed a person to the risk of death or serious illness or injury in the workplace. The penalties for this have also increased.
First responders PTSD
Support for first responders suffering from post-traumatic stress disorder (PTSD) has also significantly improved.
As of 15 December 2023, there is a legal presumption that PTSD in first responders is work-related, making it easier for them to receive compensation.
This change covers a wide range of emergency service roles, including police officers, firefighters, ambulance officers, and other emergency services personnel.
While this presumption can be contested with contrary evidence, it represents a major step forward in supporting the mental health of those in high-stress roles.
Already a union member?
Reach out to your union for more specific information about how you and your workmates can stay safe at work.
Not yet a member of your union?
Joining your union will ensure you’re getting the protections and conditions that you’re entitled to.