Annexure 2 Item 2 this inserts the term into the National Law. – “conduct” Item 3 this inserts the definition of – “officer”. Item 4 this inserts the definition of association”. – “volunteer Item 5 this inserts the term into the National Law. – “worker” Item 6 this inserts the definition of a business or – “conduct undertaking”. Item 7 this inserts the definition of – “worker”. Offences and penalty provisions The following items address the alignment of the offence framework to that contained in the WHS Act in relation to breaches of general safety duties under the National Law. The WHS Act provides for three categories of offences against health and safety duties. Category 1 offences are for a breach that involves reckless conduct and carries the highest penalty, including imprisonment of up to 5 years. These offences involve reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 2 offences are for a breach that involves intentional conduct, but is not reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 3 offences do not require that a breach exposes an individual to a risk of death, serious injury or illness without a reasonable excuse, only that the act or omission that contravened the general safety duty occurred.
Item 2 – this inserts the term “conduct” into the National Law. Item 3 – this inserts the definition of “officer”. Item 4 – this inserts the definition of “volunteer association”. Item 5 – this inserts the term “worker” into the National Law. Item 6 – this inserts the definition of “conduct a business or undertaking”. Item 7 – this inserts the definition of “worker”. Offences and penalty provisions Annexure 2 The following items address the alignment of the offence framework to that contained in the WHS Act in relation to breaches of general safety duties under the National Law. The WHS Act provides for three categories of offences against health and safety duties. Category 1 offences are for a breach that involves reckless conduct and carries the highest penalty, including imprisonment of up to 5 years. These offences involve reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 2 offences are for a breach that involves intentional conduct, but is not reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 3 offences do not require that a breach exposes an individual to a risk of death, serious injury or illness without a reasonable excuse, only that the act or omission that contravened the general safety duty occurred.
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