What are the WHS penalty categories?

Most Australian work health and safety laws grade duty-of-care breaches into three categories. Category 1 is the most serious — reckless or grossly negligent conduct that exposes a person to a risk of death or serious injury. Category 2 is a failure to comply with a duty that exposes a person to that risk. Category 3 is a failure to comply with a duty with no risk-of-death element required. The maximum penalty falls with each category, and differs depending on whether the offender is a body corporate, an individual (a PCBU or officer) or a worker.

What is the maximum penalty for a Category 1 WHS offence?

It depends on the jurisdiction. In Queensland a Category 1 offence carries a maximum of $3,000,000 for a body corporate. Western Australia is higher at $3,500,000. The Commonwealth (Comcare scheme) maximum was indexed to $17,034,000 on 1 July 2025; those penalties index every 1 July, so the 2026-27 figure is higher and Comcare has not yet published it. New South Wales sets its penalties in penalty units (around $10 million indicative for a body corporate). South Australia's body-corporate maximum is confirmed at $3,000,000. Tasmania, the ACT and the Northern Territory are understood to retain the original model maximums of around $3 million for a body corporate, but confirm the current figure with the regulator.

Are WHS penalties the same in every state?

No. WHS penalties are not uniform across Australia. Queensland, Western Australia, South Australia, the Commonwealth and others all set different maximums, and some jurisdictions index their penalties through penalty units. There is no single national figure — always check the maximum for the specific jurisdiction.

Why is Victoria different?

Victoria never adopted the harmonised model Work Health and Safety Act, so it does not use the Category 1, 2 and 3 structure. Its safety duties and offences sit in the Occupational Health and Safety Act 2004. Its nearest equivalent to a Category 1 offence is the section 32 offence of recklessly engaging in conduct that places a person in danger of serious injury, which carries around 9,000 penalty units (indicative around $1.83 million) for a body corporate.

What about industrial manslaughter?

Industrial (or workplace) manslaughter is a separate, more serious offence that applies where a workplace death is caused by a duty-holder's negligence. It is not part of the Category 1, 2 and 3 scheme and carries much higher penalties. See the Industrial Manslaughter Penalties tool for the maximum penalties by state and territory.

WHS Penalty Calculator — Category 1, 2 & 3 by State

Compare the maximum penalties for Category 1, 2 and 3 work health and safety offences across Australian states and territories.

Last verified: 21 June 2026

WHS Category 1, 2 and 3 maximum penalties by state

Pick a state or territory to see the maximum penalty for a Category 1, 2 or 3 work health and safety offence — for a body corporate, an individual (a PCBU or officer) and a worker — or compare them all in one table. The figures are not uniform across Australia, and Victoria uses a different offence structure entirely.

Choose a jurisdiction

Jurisdiction	Cat 1 — body corporate	Cat 2 — body corporate	Cat 3 — body corporate
QLD	$3,000,000	$1,500,000	$500,000
WA	$3,500,000	$1,800,000	$570,000
SA	$3,000,000	around the model amount (in the order of $1.5 million) — confirm with SafeWork SAConfirm	around the model amount (in the order of $500,000) — confirm with SafeWork SAConfirm
NSW	84,540 penalty units (indicative around $10.42 million at the 2025-26 penalty-unit value — indexed; the exact dollar amount is contested, so confirm with SafeWork NSW)Confirm	set in penalty units (indexed) — confirm the current count and dollar value with SafeWork NSWConfirm	set in penalty units (indexed) — confirm the current count and dollar value with SafeWork NSWConfirm
Cth	$17,034,000 (1 July 2025 indexation — the 2026-27 amount is higher; Comcare has not published it)	$2,373,000 (indexed 1 July 2025 — confirm current with Comcare)	around the indexed model amount — confirm the current figure with ComcareConfirm
VIC	Different offence structure — OHS Act 2004 (no Category 1/2/3)Section 32 — recklessly engaging in conduct that places a person in danger of serious injury: 9,000 penalty units (indicative around $1.83 million at the 2025-26 value — indexed, confirm)
TAS	retains the original model fixed maximums (around $3 million for a Category 1 body corporate) — confirm the current figures with the regulatorConfirm	around the original model amount (in the order of $1.5 million) — confirm with the regulatorConfirm	around the original model amount (in the order of $500,000) — confirm with the regulatorConfirm
ACT	retains the original model fixed maximums (around $3 million for a Category 1 body corporate) — confirm the current figures with the regulatorConfirm	around the original model amount (in the order of $1.5 million) — confirm with the regulatorConfirm	around the original model amount (in the order of $500,000) — confirm with the regulatorConfirm
NT	retains the original model fixed maximums (around $3 million for a Category 1 body corporate) — confirm the current figures with the regulatorConfirm	around the original model amount (in the order of $1.5 million) — confirm with the regulatorConfirm	around the original model amount (in the order of $500,000) — confirm with the regulatorConfirm

These are maximum penalties only — the actual penalty in any case is set by a court and is usually well below the maximum. Penalty-unit and indexed dollar figures change over time; a “Confirm” badge means the exact figure has not been separately verified here, so check the current amount with the relevant regulator before relying on it.

For a workplace death, the most serious charge is industrial (or workplace) manslaughter — a separate offence with much higher penalties. See the Industrial Manslaughter Penalties tool.

General information only, current as at 21 June 2026. It is not legal advice. Confirm the current law and penalty values before relying on them.

FairWork Mate AI

Is the figure right for you?

The advisor reads your payslip, contract or letter against the Fair Work Commission case library and cites the decision behind every answer.

Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99

Get pay and rights updates for your job

Free email updates when award rates, the minimum wage or workplace laws change.

Free forever. No spam. Unsubscribe anytime.

General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

WHS Penalty Calculator — Category 1, 2 & 3 by State

WHS Category 1, 2 and 3 maximum penalties by state

Is the figure right for you?

Related Tools