Negligence or reckless conduct—Category 1
31 Negligence or reckless conduct—Category 1
A person commits a Category 1 offence if:
the person has a health and safety duty; and
the person, without reasonable excuse, engages in conduct that:
exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or
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
the person:
engages in the conduct with negligence; or
is reckless as to the risk to an individual of death or serious injury or illness.
Penalty:
In the case of an individual—the category 1 monetary penalty or 15 years imprisonment or both.
In the case of a body corporate—the category 1 monetary penalty.
The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.