Increased DG penalties

WA WHS alignment will result in fines of millions of dollars for businesses that breach their dangerous goods duties.

The harmonisation of the Dangerous Goods Safety Act 2004 will increase from the current $500,000 for businesses and $100,000 for individuals to $3,000,000 for businesses and $600,000 for individuals.

Last year, the Government launched a review that was tasked with determining whether the Dangerous Goods Safety Act 2004 should remain a separate instrument (as was planned) or whether its objects should be adopted into the WHS legislation.

The recommendation of the review was that the “retention of separate dangerous goods legislation as the scope of substances and activities covered by the DGS Act is sufficiently large, diverse and complex to justify a dedicated standalone regulatory framework”, but it also recommended that the penalties for breaches within the Dangerous Goods Safety Act 2004 be increased to align with the WHS Act.

“At workplaces where there are dangerous goods, the DGS Act operates in tandem with the WHS Act,” the review outlined,  “It is therefore important that should an adverse incident occur at a place where both Acts apply, the resulting enforcement action(s) and outcome(s) should be effectively equivalent whichever set of enforcement tools is used.”

In addition to the changes to penalties, there are also proposals to;

ban the option for insuring against penalties for breaches of the Dangerous Goods Safety Act 2004

allowing enforceable undertakings

enhancing entry and investigation powers

The review stopped short of expanding the Dangerous Goods Safety Act 2004 to include an industrial manslaughter offence, though it is noted that any such offences would be captured by the WHS Act.

The proposals are open for comment until 27 February 2026 via: https://www.wa.gov.au/government/publications/dangerous-goods-safety-act-2004-and-regulations-reforms-consultation-paper

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