First Industrial Manslaughter Charges Laid in South Australia Over Worker’s Death
First Industrial Manslaughter Charges Laid in South Australia Over Worker’s Death
On 23 July 2026, charges of industrial manslaughter were filed in the Adelaide Magistrates Court against Nylastex Tooling Pty Ltd, Nylastex Holdings Pty Ltd, and two company directors. This marks South Australia’s first prosecution under the state’s industrial manslaughter laws, which took effect on 1 July 2024.
The charges follow the death of a 28-year-old worker at the company’s Edwardstown manufacturing and fabrication plant on 24 July 2024. According to the allegations, the worker was operating a milling machine when he was struck in the head by a metal object ejected from the machine. It is further alleged that an interlock guarding switch — designed to prevent such an incident — had been disabled or bypassed.
Two days before the fatality, an external technician engaged by Nylastex Tooling Pty Ltd had reportedly raised safety concerns about the guarding switch.
SafeWork SA conducted an extensive investigation. The companies and directors are alleged to have held a health and safety duty to their workers and to have breached that duty through conduct involving gross negligence that caused the worker’s death, or through recklessness as to the risk of death or serious injury.
A project manager employed by the company has also been charged with a Category 1 offence under Section 31 of the Work Health and Safety Act 2012, relating to gross negligence or reckless conduct.
The matter was referred to the Director of Public Prosecutions, who laid the charges. The defendants are due to appear in court at a later date. As the case is before the courts, further comment is limited.
Understanding industrial manslaughter in South Australia
A person commits industrial manslaughter if they:
- hold a health and safety duty under the Work Health and Safety Act;
- engage in conduct that breaches that duty;
- that conduct causes the death of a person to whom the duty is owed; and
- they act with gross negligence or are reckless as to the risk of death or serious injury or illness to that person.
Maximum penalties are significant: up to 20 years’ imprisonment for individuals and fines of up to $18 million for corporations.
The introduction of industrial manslaughter as a criminal offence fulfilled a key State Government election commitment and aligns South Australia with other Australian jurisdictions.
Key takeaways for workplaces
This case highlights the critical importance of effective machine guarding, interlock systems, and prompt action on identified safety concerns. Bypassing or disabling safety devices can have catastrophic consequences and may now expose companies and individuals to the most serious criminal sanctions under WHS law.
At Paragon WHS, we strongly encourage all organisations — particularly those in manufacturing and fabrication — to review their machine guarding arrangements, ensure interlocks and safety devices remain fully functional, and treat any reported safety concerns with the urgency they deserve. Regular inspections, competent maintenance, and a strong safety culture remain essential to preventing tragedies and meeting legal duties.
For guidance on machine guarding, risk management, or WHS compliance, contact the Paragon WHS team.
Need expert advice?
We can help you ensure you’re fully compliant.
