You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 21 June 2018 at 22:46)
Part 2 Division 5
Division 5 Offences and penalties
30   Health and safety duty
In this Division, health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part.
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.
32   Failure to comply with health and safety duty—Category 2
A person commits a Category 2 offence if:
(a)  the person has a health and safety duty, and
(b)  the person fails to comply with that duty, and
(c)  the failure exposes an individual to a risk 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)—$150,000, 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—$300,000, or
(c)  in the case of an offence committed by a body corporate—$1,500,000.
33   Failure to comply with health and safety duty—Category 3
A person commits a Category 3 offence if:
(a)  the person has a health and safety duty, and
(b)  the person fails to comply with that duty.
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)—$50,000, 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—$100,000, or
(c)  in the case of an offence committed by a body corporate—$500,000.
34   Exceptions
(1)  A volunteer does not commit an offence under this Division for a failure to comply with a health and safety duty, except a duty under section 28 or 29.
(2)  An unincorporated association does not commit an offence under this Act, and is not liable for a civil penalty under this Act, for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.
(3)  However:
(a)  an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 27, and
(b)  a member of an unincorporated association may be liable for failure to comply with a duty under section 28 or 29.
34A   Exception for police responding to particular active armed offender incidents
(1)  A member of the NSW Police Force does not commit an offence under this Division for a failure to comply with a health and safety duty that occurs while:
(a)  the member is responding to a particular active armed offender incident, or
(b)  the member is in command of, or is otherwise authorising actions by or providing directions to, other members of the NSW Police Force who are responding to a particular active armed offender incident, or
(c)  the member is receiving information from, or providing information to, other members of the NSW Police Force for the purposes of assisting them in responding to a particular active armed offender incident, or
(d)  the member is participating with other members of the NSW Police Force in preparing or planning for responding to a particular active armed offender incident.
(2)  A member of the NSW Police Force is responding to a particular active armed offender incident if:
(a)  a person armed with an offensive weapon or instrument (the offender) is attacking or has attacked, or is attempting to attack or has attempted to attack, another person (the victim), and
(b)  the member reasonably believes (or one or more other members of the NSW Police Force who are commanding, authorising actions by or directing the member reasonably believe) that the offender will do any of the following unless prevented from doing so:
(i)  continue attacking, or attempting to attack, the victim,
(ii)  attack, or attempt to attack, the victim again,
(iii)  attack, or attempt to attack, another person apart from the victim, and
(c)  the member is acting (whether or not in combination with, or at the command or direction of, other members of the NSW Police Force) to prevent the offender from doing so.
(3)  To avoid doubt, this section does not affect the duties of the State or the Crown under this Part in connection with responding to a particular active armed offender incident.
(4)  In this section:
offensive weapon or instrument has the same meaning as in the Crimes Act 1900.