Members are reminded of the upcoming significant increase in maximum monetary penalties under the Work Health and Safety legislation on 19 August 2024. Most of the penalty amounts have been increased by about 35%. For example, the maximum penalty for failure to train workers about crystalline silica awareness increased from $6,000 to $30,000 (for individuals) and $9,300 to $47,000 (for body corporates).
The monetary penalty amounts for categories 1 to 3 offences have been increased even greater. They are as follows.
monetary penalty category | Penalty amount from 19 August 2024 | Current penalty amount | ||||
individual conducting business or undertaking etc | other individual | body corporate | individual conducting business or undertaking etc | other individuals | body corporate | |
category 1 | $2,312,000 | $1,156,000 | $11,561,000 | $600,000 | $300,000 | $3,000,000 |
category 2 | $464,000 | $232,000 | $2,318,000 | $300,000 | $150,000 | $1,500,000 |
category 3 | $155,000 | $78,000 | $776,000 | $50,000 | $100,000 | $500,000 |
The increased penalties, amongst other changes, were given effect by the Workplace Relations Amendment Legislation Act 2024, which came into effect on 20 April 2024.
MBA encourages members to ensure their compliance with their work health and safety responsibilities set out in the WHS Act and the Regulation to provide a safe workplace for your workers and to avoid those significant penalties.
Need assistance to understand your work safety and safety obligations? Please reach out to our Workplace Relations and Legal team on 02 6175 5900.