On 4 June 2020, a bill to amend the Work Health and Safety Act 2011 (NSW) was passed in NSW Parliament and will start on the day it receives assent. A significant change relates to the Penalty system and is outlined below.

A Category 1 offence will now include “gross negligence” as an alternative to reckless conduct which will capture anyone engaging in conduct that exposes someone to the risk of death or serious harm.

Changes to Penalties

The change includes the introduction of a penalty unit system to replace monetary amounts for offences as well as inreasing thge fines across all 3 categories.

For the 2019-2020 Financial year, the value of a unit is set at $100 for 2019–2020. This will be increased every year subject to the consumer price index (CPI).

• Category 1 offence:
  • body corporate – 34,630 penalty units ($3,463,000) (currently $3,000,000);
  • individual as a person conducting a business or undertaking (PCBU) or an officer of a PCBU – 6,925 penalty units ($692,500) (currently $600,000); and
  • individual other than a PCBU or an officer of a PCBU – 3,465 penalty units ($346,500) (currently $300,000);
• Category 2 offence:
  • body corporate – 17,315 penalty units ($1,731,500) (currently $1,500,000);
  • individual as a PCBU or an officer of a PCBU – 3,465 penalty units ($346,500) (currently $300,000); and
  • individual other than a PCBU or an officer of a PCBU – 1,730 penalty units ($173,000) (currently $150,000);
• Category 3 offence:
  • body corporate – 5,770 penalty units ($577,000) (currently $500,000);
  • individual as a PCBU or an officer of a PCBU – 1,155 penalty units ($115,500) (currently $100,000); and
  • individual other than a PCBU or an officer of a PCBU – 575 penalty units ($57,500) (currently $50,000).

For more information on the changes contact us at info@macpachr.com.au