The model WHS Act prescribes a maximum monetary amount known as a penalty for breaches of offences under the Act.
The maximum monetary penalty amounts in the model WHS Act are subject to annual indexation to reflect the movement in the Australian Consumer Price Index (CPI). This page sets out the updated maximum penalty amounts for the year commencing 1 July 2025, as calculated under Schedule 4 to the model WHS Act.
Industrial manslaughter
The model WHS Act includes a jurisdictional note to enable jurisdictions to insert an industrial manslaughter offence. The model maximum monetary penalty is $20,441,000 for bodies corporate and 20 years’ imprisonment for an individual.
Maximum monetary penalties – categories 1-3
Category 1 offence – Gross negligence or reckless conduct
A duty holder commits a category 1 offence if they, without reasonable excuse, engage in conduct that:
exposes an individual to a risk of death or serious injury or illness, and
engages in the conduct with gross negligence or are reckless as to the risk to an individual of death or serious injury or illness.
Category 2 offence – Failure to comply with health and safety duty
A duty holder commits a category 2 offence if they:
- Fail to comply with a health and safety duty.
- A failure exposes a person to a risk of death or serious injury or illness.
Category 3 offence – Failure to comply with health and safety duty
A duty holder commits a category 3 offence if they fail to comply with a health and safety duty.
The maximum monetary penalties for the model category 1-3 offences as at 1 July 2025 are:
| Tier | Maximum penalty— individual (as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking) | Maximum penalty— individual (otherwise) | Maximum penalty— body corporate |
|---|---|---|---|
| category 1 | $2,368,000 | $1,183,000 | $11,839,000 |
| category 2 | $475,000 | $237,000 | $2,373,000 |
| category 3 | $475,000 | $79,000 | $795,000 |
Other penalties in the model WHS Act and model WHS Regulations
There are also a number of general offences under both the model WHS Act and model WHS Regulations. The maximum monetary penalties for these model offences are expressed in tiers and are outlined below (as at 1 July 2025):
| Tier | Maximum penalty— individual | Maximum penalty— body corporate |
|---|---|---|
| tier A monetary penalty | $157,847 | $789,237 |
| tier B monetary penalty | $79,492 | $397,458 |
| tier C monetary penalty | $31,797 | $158,983 |
| tier D monetary penalty | $16,000 | $79,492 |
| tier E monetary penalty | $9,539 | $47,695 |
| tier F monetary penalty | $7,949 | $39,746 |
| tier G monetary penalty | $5,678 | $28,390 |
| tier H monetary penalty | $3,180 | $16,000 |
| tier I monetary penalty | $1,931 | $9,653 |
There are also 4 civil penalties in the model WHS Act. These relate to workplace entry by WHS entry permit holders. The maximum monetary penalties are expressed in tiers and outlined below (as at 1 July 2025):
| Tier | Maximum penalty— individual | Maximum penalty— body corporate |
|---|---|---|
| WHS civil penalty provision tier 1 | $31,797 | $158,983 |
| WHS civil penalty provision tier 2 | $16,000 | $79,492 |
| WHS civil penalty provision tier 3 | $7,949 | $39,746 |
| WHS civil penalty provision tier 4 | $3,180 | $16,000 |
Penalty provisions in jurisdictions
The way monetary penalty amounts are expressed varies between all the jurisdictions.
The maximum monetary penalties comparison table compares a sample of offences that attract monetary penalties between jurisdictions that have adopted the model WHS laws.
The jurisdictions that have adopted the model WHS laws are the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania, the Commonwealth and Western Australia.
The table is not intended to be a comprehensive summary of all offences in the model WHS Act.
Source: Safe Work Australia
