Fines for Workplace Health and Safety Duties under the WHS Act in each state of Australia has increased dramatically.
Before 2020
After 2020
Compliance and Enforcement – Penalties
There are a series of methods for compliance and enforcement; If you do not fulfill your duties or obligations, you are in breach of the Work Health and Safety Act , Mining Acts or the Electrical Safety Act and could be prosecuted.
What is a breach?
A breach occurs when the law is not upheld; when:
- an action is taken that places a person at risk of injury, illness or death
- steps are not taken to avoid a risky situation from occurring
- there is a failure to comply with regulatory requirements.
There are four categories of offences for failing to comply with a health and safety duty under the WHS Act and SRWA Act or an electrical safety duty under the ES Act, depending on the degree of seriousness or liability involved.
Industrial manslaughter
The highest penalty under either the WHS Act, SRWA Act or the ES Act is for industrial manslaughter where a person conducting a business or undertaking (PCBU), or a senior officer, negligently causes the death of a worker.
Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of up to life imprisonment for an individual, or unlimited $$ for a body corporate, applies.
See the Industrial Manslaughter laws by State
Failing a Duty Under the Act
Category 1
The next highest penalty under either the WHS Act or the ES Act is for a category 1 offence. These are serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Offences involving reckless conduct, will be prosecuted in the District Court.
- Corporation
- Individual as a person conducting a business or undertaking (PCBU) or an officer
- Individual
Category 2
Failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.
- Corporation
- Individual as a person conducting a business or undertaking (PCBU) or an officer
- Individual
Category 3
Failure to comply with a health and safety duty or electrical safety duty. Offences will be prosecuted in the Magistrates Court.
- Corporation
- Individual as a person conducting a business or undertaking (PCBU) or an officer
- Individual
On the Spot Fines
Infringement notices (on-the-spot fines) can issued under the State Penalties Laws and may be issued by an inspector if they believe, on reasonable grounds, that a person is committing or has committed an infringement notice offence under the legislation. These on the spot notices may be issued to an organisation, individual or both.
An on-the-spot fine is an alternative to prosecuting alleged offenders directly through the court. It is also called an infringement notice.
