SA's First Industrial Manslaughter Charges: What Directors and HSE Leaders Need to Know
South Australia has entered a new era of work health and safety enforcement. On 23 July 2026, charges were filed in the Adelaide Magistrates Court against two related companies and their two directors — the first industrial manslaughter prosecution since the offence was introduced in South Australia on 1 July 2024.
For boards, executives and safety leaders across the country, this case is a watershed moment. It confirms what many in the HSEQ profession have anticipated: regulators are prepared to pursue the most serious criminal charges available against both companies and the individuals who lead them.
What is alleged
According to SafeWork SA, the charges relate to the death of a 28-year-old worker at a manufacturing plant in Edwardstown, Adelaide, on 24 July 2024. It is alleged the worker was operating a milling machine when he was struck in the head by a metal object ejected from the machine — and that an interlock guarding switch designed to prevent exactly this type of incident had been disabled or bypassed.
Critically, it is further alleged that just two days before the fatality, an external technician engaged by the company had raised safety concerns about the guarding switch.
The two companies and their directors have been charged with industrial manslaughter, with the prosecution alleging they breached their health and safety duty through gross negligence or recklessness. A project manager has also been charged with a Category 1 offence under section 31 of the Work Health and Safety Act 2012 (SA). The matter was referred to the Director of Public Prosecutions, who laid the charges.
It is important to note that these charges are allegations only. They have not been tested in court, and the defendants are entitled to the presumption of innocence.
The stakes: 20 years' imprisonment and $18 million fines
Under South Australia's industrial manslaughter provisions, individuals face a maximum penalty of 20 years' imprisonment, while bodies corporate face fines of up to $18 million. The Category 1 offence carries maximum penalties of $300,000 and/or five years' imprisonment for an individual worker or officer.
South Australia now joins a growing national picture. Queensland recorded Australia's first industrial manslaughter conviction in 2020, when a company was fined $3 million and two directors received suspended prison sentences following a forklift fatality. Victoria recorded its first workplace manslaughter conviction in 2024. With industrial manslaughter offences now operating in almost every Australian jurisdiction, personal criminal liability for safety failures is no longer theoretical — it is the enforcement environment every officer operates in.
Five lessons for directors, officers and HSE leaders
While the SA case is yet to be heard, the allegations highlight themes we see repeatedly in serious incident investigations:
- Act on warnings — fast. The allegation that a technician flagged concerns two days before the fatality underscores the danger of unresolved safety issues. Every warning, from any source, needs a documented owner, action and close-out.
- Guarding and isolation are non-negotiable. Disabled or bypassed interlocks remain one of the most common factors in machinery fatalities. Verification that critical controls are in place — not just documented — is an officer-level due diligence issue.
- Due diligence is personal. Under section 27 of the harmonised WHS laws, officers must exercise due diligence, including verifying that resources and processes for eliminating or minimising risk are actually being used.
- Middle managers are in scope. The Category 1 charge against a project manager is a reminder that criminal liability can extend well beyond the boardroom.
- Culture and capability decide outcomes. Systems only work when the right people, with the right competence and authority, are in the right roles — from the shop floor to the executive team.
What your organisation should do now
- Commission an independent review of machine guarding, isolation and critical risk controls at your operating sites.
- Audit how safety concerns raised by workers, contractors and technicians are captured, escalated and closed out.
- Refresh officer due diligence programs so directors can evidence how they verify — not assume — that controls are working.
- Test your incident response and regulator engagement readiness before you need it.
- Review whether your HSE team has the capability and seniority to influence decisions at the level this enforcement environment demands.
How Zenergy can help
For 20 years, Zenergy has partnered with Australian organisations to build safer businesses — through specialist HSEQ recruitment and executive search, and through our HSE consulting team, who deliver WHS due diligence reviews, critical risk and machine guarding assessments, safety culture programs and officer due diligence training nationally.
Source: SafeWork SA, “First industrial manslaughter charges laid over death of worker” (July 2026). This article is general information only and is not legal advice
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