Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024
I, Michael James Duke, acting Chief Executive Officer of Comcare, make the following notifiable instrument.
Dated 26 June 2024
Signed
Michael Duke
Acting Chief Executive Officer
Comcare
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Monetary Penalty Amounts..................................1
Schedule 1-Notice of Monetary Penalty Amounts 2
Table 1 - Monetary Penalty Amounts – Categories 1 to 3...................2
Table 2 - Monetary Penalty Amounts – Tiers A to I.......................3
Table 3 - Monetary Penalty Amounts – WHS Civil Penalty Provisions Tiers 1 to 4....4
1 Name
This instrument is the Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024.
2 Commencement
This instrument commences on 1 July 2024.
3 Authority
This instrument is made under clause 6 of Schedule 4 of the Work Health and Safety Act 2011 (Cth) (the Act).
4 Definitions
Note: A number of expressions used in this instrument are defined in section 4 of the Act:
(a) category 1 monetary penalty
(b) category 2 monetary penalty
(c) category 3 monetary penalty
(d) regulator
(e) tier A monetary penalty
(f) tier B monetary penalty
(g) tier C monetary penalty
(h) tier D monetary penalty
(i) tier E monetary penalty
(j) tier F monetary penalty
(k) tier G monetary penalty
(l) tier H monetary penalty
(m) tier I monetary penalty
(n) WHS civil penalty provision tier 1
(o) WHS civil penalty provision tier 2
(p) WHS civil penalty provision tier 3
(q) WHS civil penalty provision tier 4
The following expression used in this instrument is defined in clause 7 of Schedule 4 of the Act:
(q) CPI number
5 Monetary Penalty Amounts
Having taken notice of the CPI number for the March quarter of 2024, in Schedule 1 of this instrument the regulator gives notice of the amount of each monetary penalty calculated under Schedule 4 of the Act.
Schedule 1—Notice of Monetary Penalty Amounts
Table 1
Monetary Penalty Amounts – Categories 1 to 3
Monetary penalties – categories 1 to 3 |
Item | Column 1 Type of penalty | Column 2 An individual who commits an offence as: (a(a) a person conducting a business undertaking; or (b(b) an officer of a person conducting a business undertaking | Column 3 An individual who commits an offence (other than as mentioned in column 2) | Column 4 A body corporate |
1 | the category 1 monetary penalty | $3,327,000.00 | $1,663,000.00 | $16,634,000.00 |
2 | the category 2 monetary penalty | $464,000.00 | $232,000.00 | $2,318,000.00 |
3 | the category 3 monetary penalty | $155,000.00 | $78,000.00 | $776,000.00 |
Table 2
Monetary Penalty Amounts – Tiers A to I
Monetary penalties – tiers A to I |
Item | Column 1 Kind of penalty | Column 2 An individual | Column 3 A body corporate |
1 | the tier A monetary penalty | $154,000.00 | $771,000.00 |
2 | the tier B monetary penalty | $78,000.00 | $388,000.00 |
3 | the tier C monetary penalty | $31,000.00 | $155,000.00 |
4 | the tier D monetary penalty | $16,000.00 | $78,000.00 |
5 | the tier E monetary penalty | $9,300.00 | $47,000.00 |
6 | the tier F monetary penalty | $7,800.00 | $39,000.00 |
7 | the tier G monetary penalty | $5,500.00 | $28,000.00 |
8 | the tier H monetary penalty | $3,100.00 | $16,000.00 |
9 | the tier I monetary penalty | $1,900.00 | $9,400.00 |
Table 3
Monetary Penalty Amounts – WHS civil penalty provision tiers 1 to 4
Monetary penalties – tiers 1 to 4 |
Item | Column 1 Kind of penalty | Column 2 An individual | Column 3 A body corporate |
1 | the WHS civil penalty provision tier 1 | $31,000.00 | $155,000.00 |
2 | the WHS civil penalty provision tier 2 | $16,000.00 | $78,000.00 |
3 | the WHS civil penalty provision tier 3 | $7,800.00 | $39,000.00 |
4 | the WHS civil penalty provision tier 4 | $3,100.00 | $16,000.00 |
Overview
The Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024 was enacted in 2024 to ensure that penalty amounts under the Work Health and Safety Act 2011 (Cth) are updated annually in line with changes in the Consumer Price Index. This notifiable instrument is issued under the authority of Michael James Duke, the acting Chief Executive Officer of Comcare, and serves to notify the public of the updated penalty amounts as required by clause 6 of Schedule 4 of the Work Health and Safety Act 2011 (Cth). The policy objective is to maintain the deterrent effect of penalties by adjusting them in accordance with inflation, thus reflecting the real cost of non-compliance with work health and safety laws.
Scope and Application
The Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024 applies to individuals and entities involved in workplace health and safety matters across Australia, as it is made under the Work Health and Safety Act 2011 (Cth). The instrument sets out the updated monetary penalties for various categories and tiers of offences related to work health and safety, taking into account the Consumer Price Index number for the March quarter of 2024. It outlines specific penalty amounts for individuals, officers of businesses, and body corporates, distinguishing between different categories and tiers of offences. This notifiable instrument ensures that the monetary penalties are indexed to reflect changes in the cost of living, thereby maintaining the deterrent effect of these penalties. The instrument is effective from 1 July 2024 and its application may be extended or restricted through subordinate instruments made under the authority of the Work Health and Safety Act 2011 (Cth).
Key Provisions
This notifiable instrument, titled the Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024, establishes the updated penalty amounts for various categories and tiers under the Work Health and Safety Act 2011 (Cth). The instrument, which comes into effect on 1 July 2024, was made under clause 6 of Schedule 4 of the Act. It specifies the monetary penalty amounts for different categories of offences and tiers of penalties, reflecting the Consumer Price Index (CPI) number for the March quarter of 2024. These penalty amounts are detailed in three tables within the instrument's Schedule 1.
The obligations imposed by this notifiable instrument primarily concern the regulator's duty to update and publicise the monetary penalty amounts. This includes the responsibility to calculate and notify the new penalty figures based on the CPI. The regulator must ensure that the updated penalty amounts are clearly communicated to the public, aiding in compliance and enforcement of work health and safety laws. The instrument mandates that these updated penalty figures be published to inform relevant parties of any changes, thus maintaining transparency and accountability in the application of penalties.
Under the Work Health and Safety Act 2011, breaches of the regulations can result in significant financial penalties. The maximum penalties for category 1 offences, which include serious violations that lead to death or serious injury, are set at $3,327,000 for an individual and $16,634,000 for a body corporate. For category 2 offences, which pertain to breaches that result in injury, the maximum penalties are $464,000 for an individual and $2,318,000 for a body corporate. Category 3 offences, which involve less severe breaches, have maximum penalties of $155,000 for an individual and $776,000 for a body corporate. These penalties are intended to deter non-compliance and enforce adherence to work health and safety standards.