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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 13 December 2017 at 08:45)
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.