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Penalties

Categories of offences

There are three categories of offences for failing to comply with a health and safety duty under the new laws, depending on the degree of seriousness or culpability involved.

The highest penalty under the Work Health and Safety Act 2011 is for a category 1 offence. The maximum penalty is $3 million for a corporation. The highest penalties for individual persons' conducting a business or undertaking (PCBUs) and officers are $600 000 or 5 years jail.

Category 1 – most serious breaches, for a duty holder who recklessly endangers a person to risk of death or serious injury.

• Corporation: up to $3m
• Individual as a PCBU or an officer: up to $600k / 5 years jail
• Individual e.g. worker: up to $300k / 5 years jail

Category 2 – failure to comply with a health and safety duty that exposes a person to risk of death, serious injury of illness.

• Corporation: up to $1.5m
• Individual as a PCBU or an officer: up to $300k
• Individual e.g. worker: up to $150k

Category 3 – failure to comply with a health and safety duty.

• Corporation: up to $500k
• Individual as a PCBU or an officer: up to $100k
• Individual e.g. worker: up to $50k.

Category 1 offences, involving reckless conduct, will be prosecuted in the District Court. Category 2 and 3 offences will be prosecuted in the Magistrates Court.

Appeals are made to the High Court of Australia.

Independent right of review when regulator does not prosecute for Category 1 or 2 offences – by the Director of Public Prosecutions.

On the spot fines

Given the higher penalty levels for breach of duty offences, it is possible on-the-spot fines will be higher than the current infringement notice offence penalties in Queensland.

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