ACT hikes maximum penalties for WSH offences

New amendment seeks to 'strengthen WHS penalties' in territory

ACT hikes maximum penalties for WSH offences

The Australian Capital Territory (ACT) passed on Thursday a new amendment to update the maximum penalties for work health and safety (WHS) offences.

Under the Workplace Relations Legislation Amendment, the government imposes an $18-million monetary fine for those guilty of industrial manslaughter.

It also hikes maximum penalties for other work health and safety offences to ensure that they reflect the seriousness of employers' obligations for workplace health and safety.

Under category one monetary penalty, an individual may receive up to $2-million monetary policy, while organisations can be fined by up to $10.4 million.

Source: Workplace Legislation Amendment Bill 2024

"The increase is significant, with maximum penalties going up by almost 40% and increases to the most serious classes of offence, including occupational manslaughter," said Industrial Relations and Workplace Safety Minister Mick Gentleman when introducing the bill in February.

The amendment also introduces the indexation of penalty levels within the WHS framework to ensure that penalties are consistent with public expectations.

"These latest changes to strengthen WHS penalties and offences in the ACT is yet another step to deliver safe and healthy workplaces for the whole Canberra community and are an important continuation of our stance on WHS standards and continued improvements in industrial reform," Gentleman said in a separate statement.

"We know that safe and healthy workplaces are the right of all people, and I am proud that in the ACT our achievements in work health and safety reform are nation leading."

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