The obligation
Strict liability applies to each physical element of each offence under the Act, unless the section containing the offence states otherwise.
This rule is set out in section 12A of the Act. For a Category 1 offence under section 31, the prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
- What
- Strict liability applies to each physical element of each offence under the Act, unless the section containing the offence states otherwise.
- Source
- legislation.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Offences under the Act are strict liability offences (s 12A) is a WHS requirement set out in Work Health and Safety Act 2011 (NSW). The relevant provision is WHS Act 2011 NSW > Part 1 > Division 4 > s 12A.
What does this WHS obligation require?
Offences under the Act are strict liability offences (s 12A) is a WHS obligation under Work Health and Safety Act 2011 (NSW). In short, Strict liability applies to each physical element of each offence under the Act, unless the section containing the offence states otherwise.
What changed recently?
Offences under the Act are strict liability offences (s 12A) was last updated on 19 October 2026.