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Under Work Health and Safety Act 2020

Penalty categories for WHS offences

Legislation date 28 May 2026
High severity
WA · Enforcement & Penalties Work Health and Safety Act 2020 (WA) > Part 2 > Division 5 § ss 31–33
The obligation
Three-tier penalty structure: Category 1 (reckless conduct) up to $3M body corporate; Category 2 (failure to comply with duty); Category 3 (failure to comply with duty — no risk of death/serious injury).
WA WHS Act adopts the national model three-category penalty structure. Category 1 (reckless conduct exposing person to risk of death or serious injury/illness): body corporate $3M, individual as PCBU/officer $600K or 5 yr imprisonment, worker $300K or 5 yr. Category 2 (duty breach): $1.5M / $300K / $150K. Category 3 (duty breach, no risk of death/serious injury): $500K / $100K / $50K. Industrial manslaughter (s 30A) carries up to $10M (body corporate) or 20 yr imprisonment (individual).
What
Three-tier penalty structure: Category 1 (reckless conduct) up to $3M body corporate; Category 2 (failure to comply with duty); Category 3 (failure to comply with duty — no risk of death/serious injury).
Source
legislation.wa.gov.au

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28 May 2026 · Amended
1 update tracked. This law has changed and been enforced.

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Labels
penalty Category 1 Category 2 Category 3 industrial manslaughter
Official sources
Frequently asked questions

Which WHS law does this come from?

Penalty categories for WHS offences is a WHS requirement set out in Work Health and Safety Act 2020 (WA). The relevant provision is Work Health and Safety Act 2020 (WA) > Part 2 > Division 5 § ss 31–33.

What does this WHS obligation require?

Penalty categories for WHS offences is a WHS obligation under Work Health and Safety Act 2020 (WA). In short, Three-tier penalty structure: Category 1 (reckless conduct) up to $3M body corporate; Category 2 (failure to comply with duty); Category 3 (failure to comply with duty — no risk of death/serious injury).

What changed recently?

Penalty categories for WHS offences was last updated on 3 September 2026.

About this Topic

ParentWork Health and Safety Act 2020
JurisdictionWA
CountryAustralia
Updates tracked1
Monitoring detail
First seenSep 2026