WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 31 31 Reckless conduct—category 1

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 31

(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) for 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—3000 penalty units or 5 years imprisonment; or

(b) for 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—6000 penalty units or 5 years imprisonment; or

(c) for an offence committed by a body corporate—30000 penalty units.

Note—

In this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992, section 181B applies for this Act.

(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

(3) A category 1 offence is a crime.