Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2026
I, Colin Radford, Chief Executive Officer of Comcare, make the following notifiable instrument.
Dated 27 July 2026
Signed
Colin Radford
Chief Executive Officer
Comcare
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Monetary Penalty Amounts..................................1
6 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 2026.
2 Commencement
This instrument commences when it is executed.
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:
(r) CPI number
5 Monetary Penalty Amounts
Having taken notice of the CPI number for the March quarter of 2026, 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 of this instrument
This instrument is repealed at the start of 1 July 2027.
Schedule 1—Notice of Monetary Penalty Amounts
Table 1
Monetary Penalty Amounts – Categories 1 to 3
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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 | $3,546,000.00
| $1,773,000.00 | $17,728,000.00 |
2 | the category 2 monetary penalty | $494,000.00 | $247,000.00 | $2,470,000.00 |
3 | the category 3 monetary penalty | $165,000.00 | $83,000.00 | $827,000.00 |
Table 2
Monetary Penalty Amounts – Tiers A to I
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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 | $164,000.00
| $821,000.00 |
2 | the tier B monetary penalty | $83,000.00 | $414,000.00 |
3 | the tier C monetary penalty | $33,000.00 | $165,000.00 |
4 | the tier D monetary penalty | $17,000.00 | $83,000.00 |
5 | the tier E monetary penalty | $9,900.00 | $50,000.00 |
6 | the tier F monetary penalty | $8,300.00 | $41,000.00 |
7 | the tier G monetary penalty | $5,900.00 | $30,000.00 |
8 | the tier H monetary penalty | $3,300.00 | $17,000.00 |
9 | the tier I monetary penalty | $2,000.00 | $10,000.00
|
Table 3
Monetary Penalty Amounts – WHS civil penalty provision tiers 1 to 4
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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 | $33,000.00 | $165,000.00 |
2 | the WHS civil penalty provision tier 2 | $17,000.00 | $83,000.00 |
3 | the WHS civil penalty provision tier 3 | $8,300.00 | $41,000.00 |
4 | the WHS civil penalty provision tier 4 | $3,300.00 | $17,000.00 |