If an investigation or audit made by WorkSafe indicates that there is serious non-compliance, or there is a previous history of non-compliance, an infringement notice may be issued. This is accompanied by an infringement fee.
For example, a serious instance of non-compliance would be the sale, or offer for sale of prohibited items.
An infringement notice will be issued and will outline:
- the relevant infringement offence
- your rights and obligations
- the amount of the infringement fee and
- the address for payment of the infringement fee.
Infringement notices are accompanied by infringement fees. The notice applies to the observed instance of non-compliance.
An infringement fee is an instant fine of:
For an individual
- $1,000 for a Level 2 offence.
- $500 for a Level 1 offence.
For a body corporate*
- $3,000 for a Level 2 offence.
- $1,000 for a Level 1 offence.
* Bodies Corporate include (but are not limited to) organisations such as companies, incorporated societies and charitable trust boards.
Paying an infringement fee will not exempt you from having to carry out any remedial action. Continuing to commit an offence may result in further notices or prosecution.
Notices include an explanation of the recipient’s responsibilities and rights so should be read carefully and advice should be sought if necessary.
Infringement notices do not require a preliminary warning.
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