WORK HEALTH AND SAFETY ACT 2011 - SECT 31 Gross negligence or reckless conduct--Category 1
WORK HEALTH AND SAFETY ACT 2011 - SECT 31
Gross negligence or reckless conduct--Category 131 Gross negligence or 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--(i) exposes an individual, to whom the duty is owed, to a risk of death or serious injury or illness, or(ii) if the person is an officer of a person conducting a business or undertaking--exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness, and(c) the person--(i) engages in the conduct with gross negligence, or(ii) 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)--3,465 penalty units or 5 years imprisonment or both, or(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--6,925 penalty units or 5 years imprisonment or both, or(c) in the case of an offence committed by a body corporate--34,630 penalty units.
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.