The obligation
The Act sets Category 1, 2 and 3 offences for breaches of health and safety duties; a Category 1 offence carries up to 10 years imprisonment for individuals.
Division 5 of Part 2 sets out offences and penalties for the health and safety duties imposed by Divisions 2, 3 and 4 of Part 2. Category 1, 2 and 3 offences are set out in sections 31, 32 and 33. For a Category 1 offence, the maximum penalty for an individual as a PCBU or officer of a PCBU is 18,805 penalty units or 10 years imprisonment, or both. For other individuals it is 9,038 penalty units or 10 years imprisonment, or both, and for a body corporate 90,424 penalty units.
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- What
- The Act sets Category 1, 2 and 3 offences for breaches of health and safety duties; a Category 1 offence carries up to 10 years imprisonment for individuals.
- Source
- legislation.nsw.gov.au
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penalties
offences
Category 1
Category 2
Category 3
imprisonment
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Frequently asked questions
Which WHS law does this come from?
WHS offences and penalty tiers (ss 31–33) is a WHS requirement set out in Work Health and Safety Act 2011 (NSW). The relevant provision is WHS Act 2011 NSW > Part 2 > Division 5 > ss 31–33 § 31-33.
What does this WHS obligation require?
WHS offences and penalty tiers (ss 31–33) is a WHS obligation under Work Health and Safety Act 2011 (NSW). In short, The Act sets Category 1, 2 and 3 offences for breaches of health and safety duties; a Category 1 offence carries up to 10 years imprisonment for individuals.
What changed recently?
WHS offences and penalty tiers (ss 31–33) was last updated on 19 October 2026.