The Model WHS Act prescribes a maximum monetary amount known as a penalty for breaches of offences under the Act.
Category 1 – a duty holder, without reasonable excuse, engages in conduct with gross negligence or are reckless as to the risk to an individual of death or serious injury or illness.
Category 2 – a duty holder fails to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness.
Category 3 – a duty holder fails to comply with a health and safety duty
The monetary penalties for the model category 3 offences as at 1 July 2024 are:
| Tier | Maximum penalty— individual (as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking) | Maximum penalty— individual (otherwise) | Maximum penalty— body corporate |
| category 1 monetary penalty | $2,312,000 | $1,156,000 | $11,561,000 |
| category 2 monetary penalty | $464,000 | $232,000 | $2,318,000 |
| category 3 monetary penalty | $155,000 | $78,000 | $776,000 |
Industrial manslaughter: The model WHS Act includes a jurisdictional note to enable jurisdictions to insert an industrial manslaughter offence. The model penalty is $18 million for bodies corporate and 20 years’ imprisonment for an individual.
Other penalties in the model WHS Act and model WHS Regulations
There are also number of general offences under both the model WHS Act and model WHS Regulations. The monetary penalties for these model offences are expressed in tiers and are outlined below (as at 1 July 2024):
| Tier | Maximum penalty— individual | Maximum penalty— body corporate |
| tier A monetary penalty | $154,000 | $771,000 |
| tier B monetary penalty | $78,000 | $388,000 |
| tier C monetary penalty | $31,000 | $155,000 |
| tier D monetary penalty | $16,000 | $78,000 |
| tier E monetary penalty | $9,300 | $47,000 |
| tier F monetary penalty | $7,800 | $39,000 |
| tier G monetary penalty | $5,500 | $28,000 |
| tier H monetary penalty | $3,100 | $16,000 |
| tier I monetary penalty | $1,900 | $9,400 |
There are also 4 civil penalties in the model WHS Act. These relate to workplace entry by WHS entry permit holders. The model civil penalties are expressed in tiers and outlined below (as at 1 July 2024):
| Tier | Maximum penalty— individual | Maximum penalty— body corporate |
| WHS civil penalty provision tier 1 | $31,000 | $155,000 |
| WHS civil penalty provision tier 2 | $16,000 | $78,000 |
| WHS civil penalty provision tier 3 | $7,800 | $39,000 |
| WHS civil penalty provision tier 4 | $3,100 | $16,000 |
All tiered model penalty amounts are increased in accordance with the CPI index annually on 1 July.
Penalty provisions in jurisdictions
The way monetary penalty amounts are expressed varies between all the jurisdictions.
The maximum monetary penalties comparison table sets out a selection of offences in the model WHS Act that attract a monetary penalty for the purpose of comparing maximum monetary penalties across each of the jurisdictions that have implemented the model WHS laws.
The jurisdictions that have adopted the model WHS laws are the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania, the Commonwealth and Western Australia.
The table is not intended to be a comprehensive summary of all offences in the model WHS Act.
An additional table summarises a selection of penalties in Victoria’s Occupational Health and Safety Act (2004).
The table is current as at 1 July 2024.
For further information on penalties in your jurisdiction, refer to the specific WHS Act of your jurisdiction, or contact the relevant WHS regulator.