TABLE 2 - maximum criminal penalties for breach of an employer's by lindash

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									               TABLE 2 - maximum criminal penalties for breach of an employer’s duty of
                                              care
Jurisdiction              Section/Provision    Maximum Penalty – Body                Maximum Penalty – Other persons
                                               Corporate                             (eg Individuals)
Commonwealth              Section 16,          $495,000 (4500 penalty units)         Same as body corporate
Occupational Health and   Schedule 2, clause   recklessly or negligently cause
Safety (Commonwealth      18, 19 and 21        death or serious bodily harm
Employment) Act 1991
                                               $330,000 (3000 penalty units)
                                               Recklessly or negligently expose
                                               an employee to a substantial risk
                                               of death or serious bodily harm.
New South Wales           Sections 8, 12       $550,000 (first offence)              $55,000 (first offence)
Occupational Health and
Safety Act 2000                                $825,000 (previous offender)          $82,500 and/or 2 years imprisonment
                                                                                     (previous offender)
Victoria                  Section 21           $ 943,290 (9000 penalty units)        $188,658 (1800 penalty units)
Occupational Health and                        (penalty unit indexed yearly -        (penalty unit indexed yearly - $104.81
Safety Act 2004                                $104.81 for 2005/06)                  for 2005/06)
Queensland                Section 24           $750,000 (multiple deaths)            $150,000 (2000 penalty units) and/or 3
Workplace Health and                                                                 years imprisonment
Safety Act 1995                                $375,000 (death or grievous           (multiple deaths)
                                               bodily harm- GBH)
                                                                                     $75,000 (1000 penalty units) and/or 2
                                               $281,250 (bodily harm or              years imprisonment (death or GBH)
                                               exposure to a substance likely to
                                               cause death or GBH)                   $56,250 (750 penalty units) or 1 years
                                                                                     imprisonment (bodily harm or
                                               $187,500 (otherwise)                  exposure to a substance likely to cause
                                                                                     death or GBH)
                                               **Section 181B Penalties and
                                               Sentences Act 1992 (QLD)              $37,500 (500 penalty units) or 6
                                               provides that where a body            months imprisonment (otherwise)
                                               corporate is found guilty an
                                               offence, the court may impose a
                                               maximum fine of an amount equal
                                               to 5 times the maximum fine for
                                               an individual.
South Australia           Section 19           $100,000 (first offence)              Same as body corporate
Occupational Health,
Safety and Welfare Act                         $200,000 (previous offender)
1986
                                               (s 59 Aggravated offence – double
                                               the monetary penalty and/or 5
                                               years imprisonment.)
Western Australia         Sections 19, 3A      $500 000 (circumstances of gross      $250,000 and 2 years imprisonment
Occupational Safety and                        negligence, first offence)            (circumstances of gross negligence,
Health Act 1984                                                                      first offence)

                                               $625,000 (circumstances of gross      $312,000 and 2 years imprisonment
                                               negligence, previous offender)        (circumstances of gross negligence,
                                                                                     previous offender)

                                               $400,000 (causes death or serious     $200,000 (causes death or serious
                                               harm, but not gross negligence,       harm, but not gross negligence, first
                                               first offence)                        offence)

                                               $500,000 (causes death or serious     $250,000 (causes death or serious
                                               harm, but not gross negligence,       harm, but not gross negligence,
                                               previous offender)                    previous offender)

                                               $200,000 (otherwise, first offence)   $100,000 (otherwise, first offence)

                                               $250,000 (otherwise, previous         $125,000 (otherwise, previous
                                               offender)                             offender)
                                                            2.


Northern Territory        Section 29             $125,000                             $25,000
Work Health Act 2002
Tasmania                  Section 9              $150,000 (1500 penalty units)        $50,000 (1500 penalty units)
Workplace Health and
Safety Act 1995
ACT                       Sections 37, 47 - 49   $50,000(100 penalty units)           $10,000 (100 penalty units) (breach of
Occupational Health and                          (breach of duty)                     duty)
Safety Act 1989
                                                 $75,000 (150 penalty units)          $15,000 (150 penalty units) and/or 5
                                                 (recklessly or negligently           years imprisonment (recklessly or
                                                 exposing to a substantial risk of    negligently exposing to a substantial
                                                 serious harm)                        risk of serious harm)

                                                 $100,000 (200 penalty units)         $20,000 (200 penalty units) and/or 7
                                                 (recklessly or negligently causing   years imprisonment (recklessly or
                                                 serious harm)                        negligently causing serious harm)

                                                 **corporation penalty units =        **individual penalty units = $100
                                                 $500

								
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