The obligation
Three-tier penalty regime for WHS breaches: Category 1 (reckless conduct, up to 5 years imprisonment and/or $3M for PCBU); Category 2 (failure to comply with duty, up to $1.5M); Category 3 (up to $500K).
Sections 31–33 establish the penalty tiers. Category 1 (reckless conduct causing risk of death or serious injury/illness): up to $3 million (body corporate), $600,000 (individual as PCBU/officer), $300,000 (worker), and/or 5 years imprisonment for individuals. Category 2: up to $1.5M/$300K/$150K. Category 3 (failure to comply, no aggravating factors): up to $500K/$100K/$50K. Penalty units are subject to periodic adjustment.
- What
- Three-tier penalty regime for WHS breaches: Category 1 (reckless conduct, up to 5 years imprisonment and/or $3M for PCBU); Category 2 (failure to comply with duty, up to $1.5M); Category 3 (up to $500K).
- Source
- legislation.gov.au
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Frequently asked questions
Which WHS law does this come from?
Offences and penalties — Categories 1, 2 and 3 (ss 31–33) is a WHS requirement set out in Work Health and Safety Act 2011 (FEDERAL). The relevant provision is Work Health and Safety Act 2011 (Cth) > Part 2 — Health and safety duties > Division 5 § 31-33.
What does this WHS obligation require?
Offences and penalties — Categories 1, 2 and 3 (ss 31–33) is a WHS obligation under Work Health and Safety Act 2011 (FEDERAL). In short, Three-tier penalty regime for WHS breaches: Category 1 (reckless conduct, up to 5 years imprisonment and/or $3M for PCBU); Category 2 (failure to comply with duty, up to $1.5M); Category 3 (up to $500K).
What changed recently?
Offences and penalties — Categories 1, 2 and 3 (ss 31–33) was last updated on 26 August 2026.
