The obligation
A person with duties under section 9 commits an offence if their reckless conduct causes the death or serious injury of another person.
The offence applies where a person owes a duty under section 9, their conduct (including acts or omissions) causes death or serious injury, and they are reckless as to the danger of death or serious injury to any person. Conduct causes death if it substantially contributes to the death. The maximum penalty is 1,000 penalty units or imprisonment for 4 years, or both, for an individual, or 5,000 penalty units for a body corporate.
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- What
- A person with duties under section 9 commits an offence if their reckless conduct causes the death or serious injury of another person.
- Source
- legislation.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Reckless conduct causing death or serious injury is a WHS requirement set out in Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). The relevant provision is Dangerous Goods (Road and Rail Transport) Act 2008 > s 10 § 10.
What does this WHS obligation require?
Reckless conduct causing death or serious injury is a WHS obligation under Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). In short, A person with duties under section 9 commits an offence if their reckless conduct causes the death or serious injury of another person.
What changed recently?
Reckless conduct causing death or serious injury was last updated on 19 October 2026.