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Maximum penalties under the WHS Act
By Joanna Weekes
In the WHS Act (to take effect on 1 January 2012), there three levels of obligations placed on people within your company:
- PCBUs
- Officers
- Workers
The duties of these parties as laid out in the WHS Act and Regulations are much more onerous than in previous OHS legislation.
It is for this reason that the maximum penalties are also heavier for a breach of the Act or its Regulations.
Maximum penalties under the WHS Act:
| Type of offence | Maximum penalty for corporation | Maximum penalty for officers | Maximum penalty for workers |
| Category 1 – Breach of a health and safety duty involving recklessness as to the risk of death or serious injury or illness without reasonable excuse | $3,000,000 | $600,000 or 5 years’ imprisonment | $300,000 or 5 years’ imprisonment |
| Category 2 – Breach of a health and safety duty which expose an individual to death or serious injury or illness (without recklessness) | $1,500,000 | $300,000 | $150,000 |
| Category 3 – Other breaches of health and safety duties | $500,000 | $100,000 | $50,000 |
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