Section 31 — Work Health and Safety Act 2011: Negligence or reckless conduct—Category 1

(1) A person commits a Category 1 offence if: (a) the person has a health and safety duty; and (b) the person, without reasonable excuse, engages in conduct that: (i) exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or (ii) if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and (c) the person: (i) engages in the conduct with negligence; or (ii) is reckless as to the risk to an individual of death or serious injury or illness. Penalty: (a) In the case of an individual—the category 1 monetary penalty or 15 years imprisonment or both. (b) In the case of a body corporate—the category 1 monetary penalty. (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.