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