OHS legislation in Australian states and territories provides maximum fines for OHS offences. In South Australia the maximum penalty for a subsequent OHS offence by a company is $600,000 (although it was $200,000 at the time the incident occurred). The penalty range for OHS offences varies across jurisdictions, for example in Queensland the maximum penalty which may be imposed on a corporation for an incident which causes death or grievous bodily harm is $500,000 and in Tasmania the maximum penalty for an OHS offence by a corporation is $180,000.

Australian states and territories also have legislation which sets out sentencing principles which guide the courts in determining an appropriate sentence. For example, in Queensland, a court must have regard to sentences imposed on the offender in another State or Territory for an offence committed at, or about the same time, as the offence for which the court is considering an appropriate sentence. In South Australia, a court in determining a sentence for an offence may have regard to other offences (if any) that are to be taken into account.

In effect, where an obligation holder is found guilty of a subsequent offence, there is an increased likelihood that:

• a conviction will be recorded; and
• the fine imposed will be higher than for a similar offence which is a first offence.

In some states and territories such as South Australia and Western Australia, the OHS legislation expressly provides a higher maximum penalty for subsequent offences.

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