You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2011 - 10)
Skip contents
Work Health and Safety Act 2011 No 10
Current version for 8 June 2017 to date (accessed 23 June 2017 at 00:23)
Part 2 Division 5 Section 31
31   Reckless conduct—Category 1
(1)  A person commits a Category 1 offence if:
(a)  the person has a health and safety duty, and
(b)  the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and
(c)  the person is reckless as to the risk to an individual of death or serious injury or illness.
Maximum penalty:
(a)  in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment or both, or
(b)  in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment or both, or
(c)  in the case of an offence committed by a body corporate—$3,000,000.
(2)  The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.