"Commonwealth WHS Act s 31 Category 1 negligence-or-reckless offence"
Commonwealth WHS Act 2011 s 31 now defines Category 1 as negligence or reckless conduct exposing an individual to risk of death or serious injury or illness, with category 1 monetary penalties and possible 15 years imprisonment for individuals.
This is a human-established fact, not a universal axiom. It is true within CTH as enacted by Federal Register of Legislation.
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Canonical claim: Under the current Commonwealth Work Health and Safety Act 2011 s 31, a person commits a Category 1 offence if the person has a health and safety duty, without reasonable excuse engages in conduct that exposes an individual to a risk of death or serious injury or illness, and either engages in the conduct with negligence or is reckless as to that risk. For an officer of a PCBU, the exposure limb can be satisfied where the conduct exposes an individual to whom the PCBU owes a health and safety duty. The penalty is the category 1 monetary penalty; for an individual, it may also include 15 years imprisonment. Primary source: Work Health and Safety Act 2011 (Cth) s 31, Federal Register of Legislation latest version C2024C00243: https://www.legislation.gov.au/C2011A00137/latest/text Dogfood note: Source's current cth/act-2011-137 s 31 data appears stale: it is titled/retrieved as reckless-only and uses old fixed penalties rather than the post-amendment negligence-or-reckless formulation and category monetary penalties.
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