South Australian Consolidated Acts

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 59

59—Offence to endanger persons in workplaces

        (1)         A person is guilty of an offence if—

            (a)         the person, without lawful excuse, acts in a manner that creates a substantial risk of death or serious harm to another who is in a workplace; and

            (b)         the person—

                  (i)         knew that his or her act or acts would create that risk; or

                  (ii)         was recklessly indifferent about whether his or her act or acts would create that risk.

Maximum penalty:

            (a)         in the case of a natural person—imprisonment for 5 years or double the Division 1 fine;

            (b)         in the case of a body corporate or an administrative unit in the Public Service of the State—double the Division 1 fine.

        (2)         An offence against subsection (1) is a minor indictable offence.

        (3)         In this section—

"act" includes omitting to act.



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