Categories of offences

There are three categories of offences for a breach of the Work Health and Safety Act 2012, depending on the degree of seriousness or liability involved.

Category 1

These are the most serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Offences will be prosecuted in the Supreme Court of Tasmania.

  • Corporation: up to $3 million
  • Individual as a PCBU or an officer: up to $600,000 / 5 years jail
  • Individual (for example, worker): up to $300,000 / 5 years jail.

Category 2

Failure to comply with a health and safety duty that exposes a person to risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.

  • Corporation: up to $1.5 million
  • Individual as a PCBU or an officer: up to $300,000
  • Individual (for example, worker): up to $150,000.

Category 3

Failure to comply with a health and safety duty. Offences will be prosecuted in the Magistrates Court.

  • Corporation: up to $500,000
  • Individual as a PCBU or an officer: up to $100,000
  • Individual (for example, worker): up to $50,000.