Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2025
I, Michael James Duke, acting Chief Executive Officer of Comcare, make the following notifiable instrument.
Dated 23 June 2025
Signed
Michael Duke
Acting Chief Executive Officer
Comcare
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Monetary Penalty Amounts..................................1
6 Repeal - Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024 1
7 Repeal of this instrument....................................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 2025.
2 Commencement
This instrument commences on 1 July 2025.
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:
- category 1 monetary penalty
- category 2 monetary penalty
- category 3 monetary penalty
- regulator
- tier A monetary penalty
- tier B monetary penalty
- tier C monetary penalty
- tier D monetary penalty
- tier E monetary penalty
- tier F monetary penalty
- tier G monetary penalty
- tier H monetary penalty
- tier I monetary penalty
- WHS civil penalty provision tier 1
- WHS civil penalty provision tier 2
- WHS civil penalty provision tier 3
- 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 2025, in Schedule 1 of this instrument the regulator gives notice of the amount of each monetary penalty calculated under Schedule 4 of the Act.
6 Repeal – Work Health and Safety (Public Notification of Indexation Penalty Amounts) Notifiable Instrument 2024
The whole of Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024 is repealed.
7 Repeal of this instrument
This instrument is repealed at the start of 1 July 2026.
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 | $3,407,000.00 | $1,703,000.00 | $17,034,000.00 |
2 | the category 2 monetary penalty | $475,000.00 | $237,000.00 | $2,373,000.00 |
3 | the category 3 monetary penalty | $159,000.00 | $79,000.00 | $795,000.00 |
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 | $158,000.00 | $789,000.00 |
2 | the tier B monetary penalty | $79,000.00 | $397,000.00 |
3 | the tier C monetary penalty | $32,000.00 | $159,000.00 |
4 | the tier D monetary penalty | $16,000.00 | $79,000.00 |
5 | the tier E monetary penalty | $9,500.00 | $48,000.00 |
6 | the tier F monetary penalty | $7,900.00 | $40,000.00 |
7 | the tier G monetary penalty | $5700.00 | $28,000.00 |
8 | the tier H monetary penalty | $3,200.00 | $16,000.00 |
9 | the tier I monetary penalty | $1,900.00 | $9,700.00 |
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 | $32,000.00 | $159,000.00 |
2 | the WHS civil penalty provision tier 2 | $16,000.00 | $79,000.00 |
3 | the WHS civil penalty provision tier 3 | $7,900.00 | $40,000.00 |
4 | the WHS civil penalty provision tier 4 | $3,200.00 | $16,000.00 |
Overview
The Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2025I, enacted under the authority of clause 6 of Schedule 4 of the Work Health and Safety Act 2011, is a legislative instrument introduced to address the need for annual adjustments of penalty amounts for workplace health and safety violations. This notifiable instrument is made by Michael James Duke, acting Chief Executive Officer of Comcare, and is set to commence on 1 July 2025. It replaces the previous 2024 instrument, ensuring the penalty amounts are updated in line with the Consumer Price Index (CPI) for the March quarter of 2025. The policy objective is to maintain the deterrent effect of penalties by ensuring they reflect current economic conditions, thereby promoting safer workplaces and compliance with health and safety regulations. The instrument will be repealed at the start of 1 July 2026, in line with the periodic updates required by the legislation.
Scope and Application
The Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2025 applies to various categories of persons and entities involved in work health and safety (WHS) within the Commonwealth of Australia. It is applicable to individuals who commit offences as persons conducting a business or undertaking and officers of such entities, as well as to body corporates. The instrument provides specific monetary penalty amounts for different categories and tiers of offences, calculated based on the Consumer Price Index (CPI) number for the March quarter of 2025. The penalties are indexed to ensure they reflect current economic conditions. This instrument operates under the authority of the Work Health and Safety Act 2011 (Cth) and is effective from 1 July 2025 until 30 June 2026, after which it is repealed and replaced by subsequent legislation. The instrument also repeals the previous 2024 instrument, ensuring that the penalty amounts are updated annually to maintain their relevance and effectiveness.
Key Provisions
The Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2025 (F2025N00531) outlines the monetary penalty amounts for various categories and tiers associated with breaches of work health and safety laws in Australia, effective from 1 July 2025. This notifiable instrument is made under clause 6 of Schedule 4 of the Work Health and Safety Act 2011 (Cth) and is authored by Michael James Duke, acting Chief Executive Officer of Comcare. The instrument provides updated penalty amounts based on the Consumer Price Index (CPI) number for the March quarter of 2025.
The Act imposes specific obligations on the regulator to index and publicly notify the monetary penalty amounts. This includes detailing the penalty amounts for different categories and tiers of offences committed by individuals and body corporates. For instance, the category 1 monetary penalty for an individual conducting a business undertaking is set at $3,407,000.00, while for a body corporate, it is $17,034,000.00. Similarly, the tier A monetary penalty for an individual stands at $158,000.00, whereas for a body corporate, it is $789,000.00. These penalty amounts are detailed in the Schedule 1 of the instrument, which includes three tables: Table 1 for categories 1 to 3, Table 2 for tiers A to I, and Table 3 for WHS civil penalty provision tiers 1 to 4.
Any breach of the provisions of the Work Health and Safety Act 2011 (Cth) that results in an offence being committed can lead to the imposition of these indexed monetary penalties. The penalties are designed to reflect the seriousness of the breach and the capacity of the offender to pay. For example, more severe breaches, such as those categorised under category 1, attract significantly higher penalties. The instrument also repeals the previous Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2024 and will itself be repealed at the start of 1 July 2026.
The maximum penalties for breaches of the Work Health and Safety Act 2011 (Cth) can be substantial, reflecting the importance of maintaining workplace safety. For instance, a body corporate found guilty of a category 1 offence can be fined up to $17,034,000.00. Similarly, a body corporate committing a tier A offence may face a penalty of up to $789,000.00. These penalties serve as a deterrent against non-compliance and aim to ensure that workplaces adhere to the highest safety standards. Failure to comply with the penalty provisions can result in legal action, including civil and criminal proceedings, depending on the nature and severity of the breach.