Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 32

32 .         Failure to comply with health and safety duty — Category 2

        (1)         A person commits an offence (a Category 2 offence ) if —

            (a)         the person has a health and safety duty; and

            (b)         the person fails to comply with that duty; and

            (c)         the failure exposes an individual to a risk of death or of injury or harm to the individual’s health.

        Penalty for this subsection:

            (a)         for an individual, if the offence is committed by the individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking, a fine of $350 000;

            (b)         for an individual, if paragraph (a) does not apply, a fine of $170 000;

            (c)         for a body corporate, a fine of $1 800 000.

        (2)         A person charged with a Category 2 offence may be convicted of a Category 3 offence.