Three Categories of WHS Offences and a Table of NSW Penalty Units (2024)
The NSW WHS Act 2011 has recently been amended. These amendments have included an increase in the penalty rates for WHS breaches. ....
This term "Officer"
When talking about the highest level of management people in a business, those individuals who are entrusted with ....
Judge emphasizes WHS duties are non-delegable
Non-delegable duties are legal obligations that cannot be transferred to another party. Even if the task is delegated, the original party...
Doing a gap analysis may save you from prosecution
In the unfortunate event of there being a WHS incident in your workplace, SafeWork NSW may come out to investigate. When SafeWork NSW...
WHS Due Diligence Reviews are Important
The importance of reviewing your WHS management system and ensuring that directors demonstrate their WHS "due diligence" requirements .....
Why the Judge Convicted the Officer
In a Sydney District Court judgement on the 2nd of November 2017 an Officer was convicted of failing to comply with his duty to exercise ...
A Fatal Lack of Officer Due Diligence
Two prosecutions of companies and their Officers under the Model WHS Laws may be of interest to anyone who is an Officer themselves. An Offi
$1 Million WHS Prosecution Sets NSW Record High
In early May 2017 the NSW District Court fined a company $1 million for breaches of section 19 of the NSW WHS Act. This is the highest...
Accused found not to be an "Officer”
A very recent court case may help to guide managers and leaders on whether they are, or are not, a duty holder called Officer ...