Types of enforcement actions
There are a range of enforcement actions that may be applied by Comcare when OHS legislative obligations are not met by duty holders.
All employers, employees and other parties who have duties under the Occupational Health and Safety Act 1991 (OHS Act) are subject to the compliance, enforcement and penalty provisions of the OHS Act.
The maximum penalty for criminal breaches of the OHS Act is $495,000 and $242,000 for civil breaches.
Under the OHS Act both employers and employees may be liable for breaches of the Act.
Compliance with the OHS Act and its regulations is monitored and evaluated through Comcare investigations.
OHS obligations are enforced through:
- letters of statutory obligation
- letters of warning
- improvement notices
- prohibition notices
- declarations of contravention and pecuniary penalty orders
- injunctions
- remedial orders
- enforceable undertakings
- civil court proceedings, and
- criminal court prosecutions.
