Work Health and Safety reform in South Australia to impact restructuring via external administration

South Australia’s WHS Act extends the onus of due diligence in the event of industrial manslaughter onto a receiver, administrator, liquidator or a trustee, which presents significant implications to insolvency practitioners.

The Work Health and Safety (Industrial Manslaughter) Amendment Bill was introduced to South Australian Parliament on 6 July 2023 and will commence on a date to be fixed by proclamation. The legislation will see the introduction of maximum prison terms of up to 20 years for individuals and fines of up to $18 million for companies found to have engaged in reckless conduct, or grossly negligent conduct, that breaches their Work Health and Safety (WHS) duty resulting in the death of another pers...

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Authors: Tim Mableson, Maggie Li

Published Date: 20 July 2023