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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 1

31 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.