Commonwealth · Psychosocial Risk Law
WHS Act 2011 (Cth) is enforced by Comcare. Here's what the law requires and what it costs to get wrong.
Maximum penalties
$11,839,000
Cat 1 — body corporate
(gross negligence)
$3,551,700
Cat 2 — body corporate
(exposure to serious risk)
$1,183,900
Cat 3 — body corporate
(general failure)
Legislation
Regulator: Comcare · Psychosocial regulations: Since 2023
Comcare's jurisdiction covers federal government agencies, licensed corporations, and self-insurers. Australia's first Commonwealth psychosocial conviction was recorded in 2024–25, confirming an active enforcement posture at the federal level.
Enforcement in Commonwealth
Comcare · Federal jurisdiction · 2024–25
$188,000
Australia's first Commonwealth WHS conviction specifically for psychosocial failure under the WHS Act 2011 (Cth). The conviction established that psychosocial hazard management under the federal framework carries real criminal consequences, not merely administrative sanctions — signalling Comcare's shift from improvement notices to active prosecution for systemic psychosocial failures.
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