The obligation
The Act creates three offence categories: Cat 1 (reckless conduct — highest penalty), Cat 2 (failure to comply with duty), Cat 3 (failure to comply — lower penalty). Different penalties apply to individuals, officers and bodies corporate.
Sections 30–32 establish Category 1 (reckless conduct exposing a person to risk of death or serious injury — up to $3M for a body corporate / 5 years imprisonment + $600,000 for an individual), Category 2 (failure to comply with duty — up to $1.5M / $300,000), and Category 3 (failure to comply — up to $500,000 / $100,000). Industrial manslaughter penalties apply separately. The Act also permits enforceable undertakings and non-conviction orders.
- What
- The Act creates three offence categories: Cat 1 (reckless conduct — highest penalty), Cat 2 (failure to comply with duty), Cat 3 (failure to comply — lower penalty). Different penalties apply to individuals, officers and bodies corporate.
- Source
- legislation.tas.gov.au
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penalty
offence
Category 1
Category 2
Category 3
prosecution
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Frequently asked questions
Which WHS law does this come from?
Offence categories and penalties (ss 30–32) is a WHS requirement set out in Work Health and Safety Act 2012 (TAS). The relevant provision is Work Health and Safety Act 2012 (Tas) > Part 2 > ss 30–32 § 30-32.
What does this WHS obligation require?
Offence categories and penalties (ss 30–32) is a WHS obligation under Work Health and Safety Act 2012 (TAS). In short, The Act creates three offence categories: Cat 1 (reckless conduct — highest penalty), Cat 2 (failure to comply with duty), Cat 3 (failure to comply — lower penalty). Different penalties apply to individuals, officers and bodies corporate.
What changed recently?
Offence categories and penalties (ss 30–32) was last updated on 27 August 2026.
