Monetary Penalties and Monetary Penalty Calculator

A monetary penalty is a sanction under the Safety Standards Act which aims to influence duty holder behaviour change and increase the level of duty holder participation in the safety system.

A safety manager may impose a monetary penalty on a person who fails to comply with any of the following:

  • a provision of the Act or a regulation, the contravention of which is stated in the regulations to make the person liable to a monetary penalty;
  • a compliance order;
  • a discipline order;
  • a safety order;
  • a term or condition of a licence, permit, certificate or variance;
  • a requirement, term or condition of an alternative safety approach.

Division 5, Section 40 (4) of the Safety Standards Act limits the maximum allowable monetary penalty for a contravention to $100,000. BCSA may issue a monetary penalty in any denomination up to this amount.

Safety managers are required by regulation to consider the following criteria before imposing a monetary penalty:
(a) previous enforcement actions under the Safety Standards Act for contraventions of a similar nature by the person;
(b) the extent of the harm, or of the degree of risk of harm, to others as a result of the contravention;
(c) whether the contravention was deliberate;
(d) whether the contravention was repeated or continuous;
(e) the length of time during which the contravention continued;
(f) any economic benefit derived by the person from the contravention.

These criteria are incorporated into the monetary penalty calculator (MPC), a tool that assists safety managers in consistently determining the severity of the non-compliant behaviour and the resulting penalty amount. BCSA uses the MPC in almost every instance of issuing a monetary penalty.  The penalty amount recommended by the MPC and any decision to vary the amount of the monetary penalty recommended by the MPC are documented in the enforcement file.

Read more - FAQ: Monetary Penalties and Monetary Penalty Calculator.

View the Monetary Penalty Calculator.