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 is $17,034,000 for 2026-27. New South Wales sets its penalties in penalty units: 90,424 penalty units ($11,606,824 at the 2026-27 value of $128.36) for a body corporate. The ACT indexes its penalties, to $12,321,000 for a body corporate in 2026-27. South Australia, Tasmania and the Northern Territory apply the original model maximum of $3,000,000. (Safe Work Australia comparison table, as at 1 August 2026.)

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 20,000 penalty units ($4,182,000 at the 2026-27 value of $209.10) for a body corporate, and 1,800 penalty units ($376,380) and/or up to 5 years imprisonment for an individual.

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: 26 October 2026Jump to calculator ↓

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	$1,500,000	$500,000
NSW	90,424 penalty units ($11,606,824 at the 2026-27 value of $128.36)	18,128 penalty units ($2,326,910 at the 2026-27 value of $128.36)	6,070 penalty units ($779,145 at the 2026-27 value of $128.36)
Cth	$17,034,000	$2,470,000	$827,000
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: 20,000 penalty units ($4,182,000 at the 2026-27 value of $209.10)
TAS	$3,000,000	$1,500,000	$500,000
ACT	$12,321,000	$2,470,000	$827,000
NT	$3,000,000	$1,500,000	$500,000

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. Figures are from Safe Work Australia’s maximum penalties comparison table as at 1 August 2026 (2026-27 penalty-unit and indexed values). It is not legal advice. Penalty values are re-indexed each 1 July — check the current figure before relying on it.

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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

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