The obligation
The Act creates three categories of WHS offence with escalating penalties for PCBUs, officers, and workers based on culpability and outcome severity.
Sections 31–33 establish three offence categories. Category 1 (reckless conduct exposing a person to risk of death or serious injury): up to $3M (body corporate), $600,000 and/or 5 years (individual as PCBU), $300,000 and/or 5 years (individual as officer/worker). Category 2 (failure to comply with duty): up to $1.5M / $300,000 / $150,000. Category 3 (failure to comply, no risk of death/serious harm): up to $500,000 / $100,000 / $50,000. Industrial manslaughter is a separate offence.
- What
- The Act creates three categories of WHS offence with escalating penalties for PCBUs, officers, and workers based on culpability and outcome severity.
- Source
- legislation.nt.gov.au
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penalties
offences
Category 1
industrial manslaughter
Official sources
Frequently asked questions
Which WHS law does this come from?
Penalty Tiers for WHS Offences (ss 31–33) is a WHS requirement set out in Work Health and Safety (National Uniform Legislation) Act 2011 (NT). The relevant provision is NT WHS Act 2011 > Part 2 — Health and Safety Duties > Division 5 § ss 31–33.
What does this WHS obligation require?
Penalty Tiers for WHS Offences (ss 31–33) is a WHS obligation under Work Health and Safety (National Uniform Legislation) Act 2011 (NT). In short, The Act creates three categories of WHS offence with escalating penalties for PCBUs, officers, and workers based on culpability and outcome severity.
What changed recently?
Penalty Tiers for WHS Offences (ss 31–33) was last updated on 26 August 2026.
