WHS Enforcement & Penalties in Australia 2026
Cited data on how work health and safety law is enforced in Australia: worker fatalities, regulator prosecutions and fines, the maximum penalties on the books, and the industrial manslaughter offence now in force across every state. Every statistic links to its original public source. Click “Cite or embed this stat” on any data point to copy a citation that links back to this page.
24statistics · Last updated June 2026 · Free to cite with attribution
Key findings at a glance
200
workers died from work-related injuries in 2023
$16.18M
in WorkSafe Victoria fines imposed in 2023
$11.84M
maximum Category 1 company fine (model WHS Act)
All 9
jurisdictions now have industrial manslaughter laws
$3.6M
largest WHS Act fine in Australian history
$28.6B
a year that workplace harm costs the economy
Fatalities & injuries
The national toll: worker deaths, the fatality rate, serious workers compensation claims, and how people are being killed and injured at work.
200
workers died from work-related injuries in 2023
Safe Work Australia recorded 200 worker traumatic injury fatalities in 2023, 5% above the five-year average of 191 deaths per year. The fatality rate held at 1.4 deaths per 100,000 workers.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
1.4
worker fatalities per 100,000 workers
The 2023 worker fatality rate was 1.4 per 100,000 workers, down 19% from 1.7 a decade earlier in 2013. The long-run decline reflects regulation, mechanisation and improved safety systems, but progress has flattened in recent years.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
139,000
serious workers compensation claims in 2022-23
There were an estimated 139,000 serious workers compensation claims in 2022-23 (preliminary), equal to 10.7 claims per 1,000 workers. A serious claim involves one or more weeks off work.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
7.2 weeks
median time lost per serious claim
The median time lost across all serious claims in 2022-23 was 7.2 working weeks, with median compensation paid of $14,400. Mental health condition claims were far costlier: a median of 37 weeks lost and $65,402 paid.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
42%
of worker deaths involved a vehicle incident
Vehicle incidents were the single largest cause of worker death in 2023, accounting for 42% of fatalities. Falls from a height caused a further 15%, and being hit by moving objects 12%.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
Prosecutions & fines
What regulators are doing about it: prosecution counts and the total value of court-imposed fines from the largest state regulators.
153
successful WorkSafe Victoria prosecutions in 2023
WorkSafe Victoria completed 153 successful health and safety prosecutions in 2023, with courts imposing $16,182,957 in fines. This included three separate seven-figure penalties.
Source: WorkSafe Victoria (2024)
$6.3M
in Victorian fines tied to a workplace death (2023)
17 of WorkSafe Victoria’s 2023 prosecutions, attracting $6.3 million in court-imposed fines, related to a workplace fatality. Construction (52) and manufacturing (38) accounted for more than half of all prosecutions.
Source: WorkSafe Victoria (2024)
85
successful WHS prosecutions in Queensland (2023-24)
The Office of the Work Health and Safety Prosecutor recorded 85 successful prosecutions in 2023-24, with total fines of $6,826,260 ordered by the courts (excluding matters under appeal).
Source: Office of the WHS Prosecutor (Qld) (2024)
$3.6M
record WHS Act fine over the Dreamworld deaths
Ardent Leisure was fined $3.6 million in 2020 after four guests died on the Thunder River Rapids Ride, the largest fine in the history of WHS prosecutions in Australia. It was a breach of the primary safety duty under the WHS Act 2011.
Source: Office of the WHS Prosecutor (Qld) (2020)
Penalties by category & state
The maximum penalties on the books: Category 1, 2 and 3 offences under the model WHS Act, the 2024 NSW increases, and annual CPI indexation.
$11.84M
maximum Category 1 fine for a company (model WHS Act)
Under the model WHS Act, the maximum Category 1 penalty (reckless conduct exposing a person to death or serious injury) is $11,839,000 for a body corporate, $2,368,000 for a PCBU or officer, as at 1 July 2025. Amounts are indexed annually to CPI.
Source: Safe Work Australia (2025)
$2.37M / $795K
maximum Category 2 and Category 3 company fines
For companies, the model WHS Act sets a maximum of $2,373,000 for a Category 2 offence (failure to comply with a duty, exposing a person to risk) and $795,000 for a Category 3 offence (failure to comply with a duty), as at 1 July 2025.
Source: Safe Work Australia (2025)
$10.89M
NSW Category 1 company fine after the 2024 reforms
From 1 July 2024 NSW lifted its Category 1 maximum to $10,888,858 for a body corporate and $2,264,498 plus up to 10 years jail for an individual, and switched to annual CPI indexation (the penalty unit was $120.42 in 2024-25).
Source: SafeWork NSW (2024)
Annual
CPI indexation of WHS penalties since July 2024
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 introduced annual CPI indexation of Commonwealth WHS Act penalties from 1 July 2024, so maximum fines now rise every financial year. Several states have followed.
Source: Comcare (2024)
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Industrial manslaughter
The most serious offence: where it applies, the maximum penalties, and the landmark convictions handed down so far.
All 9
Australian jurisdictions now have an industrial manslaughter offence
With NSW’s offence commencing on 16 September 2024, industrial manslaughter is now a criminal offence in every Australian state and territory plus the Commonwealth. Queensland was first to legislate, in 2017.
Source: L&E Global (2024)
25 yrs / $20M
maximum NSW industrial manslaughter penalty
The NSW industrial manslaughter offence carries up to 25 years imprisonment for an individual and a fine of up to $20 million for a body corporate. Victoria and the Commonwealth carry comparable 25-year individual maximums.
Source: NSW Government (2024)
$3M
fine in Australia’s first industrial manslaughter conviction
In 2020 Brisbane Auto Recycling was fined $3 million in Australia’s first industrial manslaughter conviction after a worker was crushed by a reversing forklift. Its two directors received 10-month suspended jail terms.
Source: Stevens & Associates Lawyers (2020)
$1.3M
fine in Victoria’s first workplace manslaughter case
In February 2024 LH Holding Management became Victoria’s first workplace manslaughter conviction, fined $1.3 million after a subcontractor was killed by a forklift that tipped over. The sole director was also convicted.
Source: Norton Rose Fulbright (2024)
Industry breakdown
Where the deaths happen: fatality counts and rates across the asset and vehicle-heavy industries that carry most of the risk.
51
transport, postal and warehousing worker deaths (2023)
Transport, postal and warehousing recorded the most worker deaths of any industry in 2023, with 51 fatalities (26% of the national total), reflecting the sector’s heavy reliance on vehicles and mobile plant.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
45
construction worker deaths (2023)
Construction recorded 45 worker fatalities in 2023, 23% of the national total and the second-highest of any industry. Falls from a height were a leading cause, with 45% of all fatal falls occurring in construction.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
9.2
agriculture fatalities per 100,000 workers (highest rate)
Agriculture, forestry and fishing had the highest fatality rate of any industry in 2023 at 9.2 deaths per 100,000 workers, more than six times the all-industry rate of 1.4, with 27 deaths recorded.
Source: Safe Work Australia, Key WHS Statistics 2024 (2024)
Cost to the economy
The dollar scale of workplace harm to the Australian economy, and why a small share of severe claims drives most of the cost.
$28.6B
a year that work-related injury costs the economy
Safe Work Australia’s research found the economy would have been $28.6 billion larger each year on average over 2008-2018 without work-related injuries and illnesses, equal to GDP being around 1.6% higher each year.
Source: Safe Work Australia (Deloitte Access Economics) (2022)
How asset and compliance software helps
The data above shows enforcement is real and penalties are rising with annual indexation. Software does not make a workplace safe on its own, but it does make duties easier to discharge and easier to evidence. MapTrack keeps a time-stamped record of asset inspections, pre-start checks, plant servicing and corrective actions, the kind of records regulators and courts look for when assessing whether a duty holder did what was reasonably practicable. Most fatal incidents in the data involve vehicles, mobile plant and falls, the assets a register and inspection schedule are built to track.
Methodology & sources
Every figure on this page is third-party public data, sourced from a named government regulator or its published report. We prioritise primary sources. The national fatality, serious-claim and economic figures come from Safe Work Australia; prosecution and fine totals come from the relevant state WHS regulators (WorkSafe Victoria and the Office of the Work Health and Safety Prosecutor in Queensland); maximum-penalty figures come from Safe Work Australia, SafeWork NSW and Comcare.
Each statistic carries its source name, a link to the original, and the publication year. Where a figure is preliminary (for example, 2022-23 serious-claims data marked “p” by Safe Work Australia) we say so. Maximum penalties under the model WHS Act are stated as at 1 July 2025 and are indexed to CPI each financial year, so they will change; we date-stamp them and review the page regularly. Industrial manslaughter penalties and the existence of the offence differ by jurisdiction, so we cite the specific state.
Source list: Safe Work Australia, Key WHS Statistics 2024; Safe Work Australia, cost of work-related injury; Safe Work Australia, maximum monetary penalties; WorkSafe Victoria; Office of the WHS Prosecutor (Qld), Annual Report 2023-24; SafeWork NSW; Comcare.
MapTrack publishes asset tracking and compliance software and has a commercial interest in the adoption of digital compliance tools. We do not fabricate, modify, or selectively omit statistics. If you find an error or a more recent source, please contact us and we will correct it promptly.
Frequently asked questions
How many workers died at work in Australia in 2023?
Safe Work Australia recorded 200 worker traumatic injury fatalities in 2023, a fatality rate of 1.4 deaths per 100,000 workers. That was 5% above the five-year average of 191 deaths per year. Vehicle incidents were the leading cause at 42% of deaths, followed by falls from a height (15%) and being hit by moving objects (12%).
What is the maximum penalty for a WHS breach in Australia?
Under the model WHS Act, the most serious offence (Category 1, reckless conduct) carries a maximum fine of $11,839,000 for a body corporate and $2,368,000 for a PCBU or officer, plus up to 5 years imprisonment, as at 1 July 2025. Category 2 maxes at $2,373,000 for a company and Category 3 at $795,000. These amounts are indexed to CPI each financial year, so they rise annually. Industrial manslaughter carries far higher penalties again, up to 25 years jail and around $20 million.
Which Australian states have industrial manslaughter laws?
All of them. Following the commencement of the NSW offence on 16 September 2024, industrial manslaughter is now a criminal offence in every Australian state and territory and at the Commonwealth level. Queensland was first, in 2017. Maximum penalties reach 25 years imprisonment for an individual and roughly $18 million to $20 million for a body corporate, depending on the jurisdiction.
What was the largest WHS fine in Australian history?
The largest fine under the WHS Act to date is $3.6 million, imposed on Ardent Leisure in 2020 over the deaths of four guests on the Thunder River Rapids Ride at Dreamworld. It was a breach of the primary safety duty under the WHS Act 2011. Separately, the first industrial manslaughter conviction (Brisbane Auto Recycling, 2020) carried a $3 million fine.
How much does workplace injury cost the Australian economy?
Safe Work Australia research estimated the economy would have been $28.6 billion larger each year on average over 2008-2018 without work-related injuries and illnesses, equal to GDP being around 1.6% higher each year. The cost is concentrated: claims with more than 13 weeks off work were 21.9% of serious claims in 2022-23 but absorbed 74.8% of all compensation paid.
Which industries have the most workplace deaths in Australia?
In 2023 transport, postal and warehousing had the most worker deaths (51, or 26%), followed by construction (45, or 23%) and agriculture, forestry and fishing (27). By rate, agriculture was the most dangerous at 9.2 deaths per 100,000 workers, more than six times the all-industry rate. Six industries account for 76% of all worker fatalities.
How does Victoria differ from the other states on WHS penalties?
Victoria has not adopted the harmonised model WHS Act. It regulates safety under its own Occupational Health and Safety Act 2004, so it does not use the Category 1, 2 and 3 offence structure that NSW, Queensland, WA, SA, Tasmania, the ACT, the NT and the Commonwealth share. Victoria does have a workplace manslaughter offence carrying up to 25 years imprisonment and a corporate fine of around $19.23 million (100,000 penalty units).
Are these WHS statistics free to cite?
Yes. Every statistic on this page links to its original public source, mostly Safe Work Australia and the state WHS regulators. Click "Cite or embed this stat" on any data point to copy a plain-text or APA citation, or an embeddable card that links back to this page. We ask that you keep the attribution.
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