PENALTIES AT A GLANCE – Prevention is better than cure

There are 3 categories of criminal offence penalties, as per the WHS Act, which apply for breaches of work health and safety duties:

Penalties – Category 1

• Firstly, this category covers reckless conduct that exposes an individual to a risk of death, serious injury or illness without reasonable excuse.
  • Maximum penalty for:
    • A corporation is $3 million
    • An individual as a PCBU or as an officer of a PCBU is $600,000 or 5 years imprisonment or both

Penalties – Category 2

• Secondly, this category covers the failure to comply with a health and safety duty that exposes an individual to a risk of death, serious injury or illness.
  • Maximum penalty for:
    • A corporation is $1.5 million
    • An individual as a PCBU or as an officer of a PCBU is $300,000

Penalties – Category 3

• Finally the third category covers failure to comply with a health and safety duty.
  • Maximum penalty for:
    • A corporation is $500,000
    • An individual as a PCBU or as an officer of a PCBU is $100,000

* PCBU – Person Conducting a Business or Undertaking