Reckless conduct—Category 1
(1) A person commits a Category 1 offence if—
(a) the person has a health and safety duty; and
(b) the person, without reasonable excuse, engages in conduct that exposes an
individual to whom that duty is owed to a risk of death or serious injury or
illness; and
(c) the person is reckless as to the risk to an individual of death or serious injury
or illness.
Maximum penalty:
(a) in the case of an offence committed by an individual (other than as a person
conducting a business or undertaking or as an officer of a person conducting a
business or undertaking)—$300 000 or 5 years imprisonment or both;
Work Health and Safety Act 2012—27.6.2013
Part 2—Health and safety duties
Division 5—Offences and penalties
12 Published under the Legislation Revision and Publication Act 2002
(b) in the case of an offence committed by an individual as a person conducting a
business or undertaking or as an officer of a person conducting a business or
undertaking—$600 000 or 5 years imprisonment or both;
(c) in the case of an offence committed by a body corporate—$3 000 000.
(2) The prosecution bears the burden of proving that the conduct was engaged in without
reasonable excuse.