Maximum monetary penalties under the Commonwealth Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011 increased by 4% for 2026–27. The indexed amounts apply for the year beginning 1 July 2026.
The controlling notice is the Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2026, registered as F2026N00550. The instrument commenced when executed on 27 July 2026; that legal commencement date is separate from the 1 July annual indexation period.
Current Commonwealth maximums
For the three main offence categories, the 2026–27 indexed maximums are:
| Offence | Individual as PCBU or officer | Other individual | Body corporate |
|---|---|---|---|
| Category 1 | $3,546,000 | $1,773,000 | $17,728,000 |
| Category 2 | $494,000 | $247,000 | $2,470,000 |
| Category 3 | $165,000 | $83,000 | $827,000 |
The instrument also publishes indexed civil-penalty tiers. The authorised Schedule 1 table should be checked whenever an exact amount is needed.
Does this apply to a state-based company?
Not automatically. These are Commonwealth-jurisdiction amounts and should not be substituted for the penalties under a state or territory WHS or OHS law.
However, a company based in any state or territory should check the position when bidding for or carrying out Commonwealth-related work. Commonwealth WHS duties can involve the Commonwealth, Commonwealth public authorities, non-Commonwealth licensees and, depending on the circumstances, other PCBUs that manage or control workplaces, fixtures, fittings or plant, or that design, supply, install, construct or commission plant or structures.
Contractor arrangements can also create overlapping duties. A Commonwealth PCBU and a state-based contractor may each retain duties, and Commonwealth and state or territory laws can sometimes apply concurrently. A Commonwealth client, funding source or contract label alone is not enough to determine the governing WHS law.
Before work starts, confirm:
- which WHS legislation and regulator apply to each duty holder;
- who manages or controls the workplace, plant and work activities;
- how the parties will consult, cooperate and coordinate;
- which incident-notification and regulator-contact process must be followed; and
- whether contracts, project plans and escalation thresholds use current Commonwealth amounts.
Documents worth checking
The change does not mean every SWMS should contain a penalty table. More useful review targets include the legal register, tender and prequalification material, project WHS management plan, contractor-management procedure, incident-notification process, officer briefing and compliance-assurance records.
Where a document states exact penalties, label the jurisdiction and financial year clearly. Avoid presenting Commonwealth figures as national or model-law amounts.
Blue Safe can help identify which jurisdiction and documents are relevant to a project, then prepare tailored WHS documentation and a controlled review record for your business.