WHS Penalties in Australia: Maximum Fines by State (2025-26)

The Work Health and Safety Act 2011 establishes three categories of offence, each with escalating maximum penalties. Category 1 (section 31) is the most serious and applies when a person, without reasonable excuse, engages in conduct that exposes an individual to a risk of death or serious injury or illness and is reckless as to that risk. Category 2 (section 32) applies when a person fails to comply with a health and safety duty and the failure exposes an individual to a risk of death or serious injury or illness. Category 3 (section 33) applies to a simple failure to comply with a health and safety duty.

Penalty amounts are indexed to the Consumer Price Index and increase periodically. The amounts cited in this guide are the 2025-26 CPI-indexed maximum penalties. Actual penalties imposed by courts are typically lower than the maximum but have been trending upward as courts respond to community expectations and prosecutor submissions. The maximum penalty represents the most serious example of the offence — a court considers factors including the seriousness of the breach, the degree of harm caused, the offender's safety record, cooperation with the investigation, and any remedial steps taken.

New South Wales applies the model WHS Act penalties with CPI indexation. For 2025-26, the maximum penalties are: Category 1 — $3,460,000 for a body corporate, $690,000 and/or 5 years imprisonment for an officer, $345,000 and/or 5 years imprisonment for any other person. Category 2 — $1,730,000 for a body corporate, $345,000 for an officer, $173,000 for any other person. Category 3 — $865,000 for a body corporate, $173,000 for an officer, $86,500 for any other person.

NSW has an additional critical provision: since 10 June 2020, WHS fines have been uninsurable under section 272A of the WHS Act 2011 (NSW). This means no insurance policy can indemnify a person against liability for a WHS monetary penalty. Any insurance policy purporting to cover WHS fines is void to that extent. This provision fundamentally changes the risk calculus for businesses — WHS penalties must be paid from company or personal funds, making compliance failures a direct threat to financial viability. NSW also operates an enforceable undertaking program that allows a duty holder to propose alternative measures in lieu of prosecution for Category 2 and 3 offences.

Queensland applies the model WHS Act with its own penalty indexation. For 2025-26, the maximum penalties are: Category 1 — $3,564,000 for a body corporate, $712,000 and/or 5 years imprisonment for an officer, $356,000 and/or 5 years imprisonment for any other person. Category 2 — $1,782,000 for a body corporate, $356,000 for an officer, $178,000 for any other person. Category 3 — $891,000 for a body corporate, $178,000 for an officer, $89,000 for any other person.

Queensland introduced industrial manslaughter as an offence in 2017 under the Work Health and Safety Act 2011 (Qld). An employer or senior officer who negligently causes the death of a worker faces a maximum penalty of 20 years imprisonment for an individual or $18,214,000 for a body corporate. This is separate from and additional to the Category 1 offence provisions. Queensland has been the most active jurisdiction in pursuing industrial manslaughter charges, with several cases prosecuted since the provision commenced. The existence of this offence has significantly increased boardroom attention to WHS governance in Queensland.

Victoria operates under its own Occupational Health and Safety Act 2004 rather than the model WHS Act. The penalty structure differs: the maximum fine for a body corporate for a Category 1 equivalent offence (reckless endangerment, section 32) is approximately $3,640,000, with individuals facing up to $727,000 and/or 5 years imprisonment. Workplace manslaughter was introduced in 2020 under the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, carrying a maximum penalty of 25 years imprisonment for an individual and $18,210,000 for a body corporate.

Western Australia adopted the model WHS Act from 31 March 2022 under the Work Health and Safety Act 2020 (WA). Maximum penalties for 2025-26 are: Category 1 — $3,500,000 for a body corporate, $700,000 and/or 5 years imprisonment for an individual. Category 2 — $1,750,000 for a body corporate, $350,000 for an individual. Category 3 — $875,000 for a body corporate, $175,000 for an individual. WA also introduced industrial manslaughter provisions with maximum penalties of 20 years imprisonment for an individual and $10,000,000 for a body corporate.

South Australia applies the model WHS Act. For 2025-26, the maximum penalties are: Category 1 — $3,300,000 for a body corporate, $660,000 and/or 5 years imprisonment for an individual. Category 2 — $1,650,000 for a body corporate, $330,000 for an individual. Category 3 — $825,000 for a body corporate, $165,000 for an individual. South Australia introduced industrial manslaughter as a specific offence from 1 July 2024 under amendments to the WHS Act 2012 (SA).

Tasmania, the Northern Territory, and the Australian Capital Territory all apply the model WHS Act with their respective CPI-indexed penalty amounts. Tasmania's penalties are slightly lower due to its penalty unit value. The Commonwealth applies the model WHS Act for Commonwealth workplaces, including military and federal government sites. Across all jurisdictions, the trend is clear: penalties are increasing, industrial manslaughter provisions are becoming universal, and regulators are pursuing personal liability for officers with greater frequency. Every Australian business must understand the penalty exposure in every jurisdiction where it operates.