WorkSafe may prosecute rather than issue an infringement notice. This will usually happen when this is considered necessary for deterrent effect or when an infringement notice has not achieved correction of a non-compliance situation. This will be considered on a case by case basis.

Every individual or body corporate who commits an offence shall be liable on conviction to a fine not exceeding:

Level 2 offences:

  • $10,000 in the case of an individual
  • $50,000 in the case of a company or other body corporate.

Level 1 offences:

  • $2,000 in the case of individuals
  • $10,000 in the case of a company or body corporate.

There a variety of offences under the Electricity Act(external link) and Gas Act(external link) with a variety of maximum penalties. One of these is taking an action or failing to take an action that is likely to result in serious harm or serious property damage. This has a maximum fine of $100,000 for individuals, $500,000 for body corporates or two years in jail.

Bodies Corporate include (but are not limited to) organisations such as companies, incorporated societies and charitable trust boards.