The obligation
It is prohibited to enter into, provide, or take benefit from insurance or indemnity arrangements that cover liability for a WHS monetary penalty.
Inserted by the WHS and Other Legislation Amendment Act 2024: a person must not enter into, provide, or take the benefit of a contract of insurance, indemnity, or other arrangement that insures or indemnifies another person against liability for a monetary penalty under the WHS Act or the Safety in Recreational Water Activities Act 2011. Any such term is void to the extent of that coverage. The prohibition does NOT apply to defence costs insurance.
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- What
- It is prohibited to enter into, provide, or take benefit from insurance or indemnity arrangements that cover liability for a WHS monetary penalty.
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insurance
indemnity
monetary-penalty
2024-amendment
Frequently asked questions
Which WHS law does this come from?
Prohibition on insuring or indemnifying WHS monetary penalties is a WHS requirement set out in Work Health and Safety Act 2011 (QLD). The relevant provision is Work Health and Safety Act 2011 (Qld) > Part 13 > s 272A (as amended 2024) § 272A.
What does this WHS obligation require?
Prohibition on insuring or indemnifying WHS monetary penalties is a WHS obligation under Work Health and Safety Act 2011 (QLD). In short, It is prohibited to enter into, provide, or take benefit from insurance or indemnity arrangements that cover liability for a WHS monetary penalty.
What changed recently?
Prohibition on insuring or indemnifying WHS monetary penalties was last updated on 27 August 2026.
