From July 2025, industrial manslaughter is officially a criminal offence under South Australia’s Work Health and Safety Act 2012 (SA). That means if someone dies as a result of unsafe work practices on your property, even a family member, you as a business operator or director, could face up to 20 years in prison or your company could be fined up to $18 million.
This law isn’t just for big corporations with HR departments and safety officers. It applies to you, the family farmer who wears many hats, operator, boss, dad, mum, son, director.
If you run a farming business, even if through a company, trust, or partnership, you are legally an employer, and with that comes real legal responsibility.
But It’s Just a Family Farm…Why Does This Apply to Me?
Family farms are businesses. If:
- You employ staff or seasonal workers; or
- You involve family members in operational tasks (e.g., driving tractors, handling chemicals); and
- You operate a farming business,
then you are a person conducting a business or undertaking (PCBU) under the Act, and that means the law applies to you.
Even if the person who dies in a workplace incident is your own child, sibling, or spouse, SafeWork SA can still investigate and prosecute.
What Happens After a Workplace Death?
If someone is killed on your farm, here’s what typically follows:
- Immediate reporting to SafeWork SA is required; this is mandatory.
- Investigators attend the scene, gather evidence, interview witnesses, and inspect safety procedures.
- If negligence or recklessness is suspected, formal charges may be laid, including industrial manslaughter.
- Prosecution can name individual directors, company officers, or business owners as personally liable.
This is not hypothetical. Industrial manslaughter cases have already resulted in prison sentences in other states.
What You Should Have in Place Now
To protect your people and yourself, you must treat safety as a core part of your farm’s operations, not a set of loose guidelines. Here’s what you need:
- Documented Safety Procedures: Machinery operation manuals and rules; chemical handling protocols; and farm equipment, quad bike, and vehicle safety guides.
- Training and Supervision: Ensure everyone (including family members) is trained for their tasks and have induction materials for new or seasonal workers. Maintain proof of licences and qualifications. Have regular toolbox talks or tailgate meetings.
- Risk Assessments and Site Inspections: Walk the property and record risks (fencing, stockyards, chemicals, equipment). Take photos, keep notes, and update when conditions change.
- Incident Reporting and Emergency Plans: Have clear procedures if something goes wrong and keep a record of all incidents, near misses, and corrective actions
Talk to our experienced team about reviewing your business structure and safety systems, before a mistake becomes a legal crisis. Call us on (02) 9199 8597 or email us.
Thinking Like an Employer, Not Just a Farmer
Running a farm is about more than crops, stock, and seasons, it’s about managing a workplace. That means:
- Understanding your WHS duties;
- Structuring your business properly; and
- Protecting your assets in case something goes wrong.
If a tragedy occurs, investigators won’t accept “we’ve always done it this way” as a defence. They will want to see proof that you took steps to prevent harm.
How JFM Law Can Help
At JFM Law, we work with farming families across South Australia to:
- Review or restructure farm businesses to reduce personal exposure
- Advise on suitable business structures
- Support you in setting up the right governance, safety, and employment systems
- Help you prepare for unexpected legal risks before they become disasters
Whether you’re restructuring for the next generation or simply want peace of mind that your obligations are covered, we’re here to help. Call us on (02) 9199 8597 or email us today to discuss how to structure your family business properly for risk management strategies.
The information contained in this post is current at the date of editing – 05 June 2025.