When a business fails to provide a safe system of work for employees or customers of the service, and an injury occurs, Workplace Health and Safety Queensland may prosecute and individual or the business itself for that failure.

There are three categories of offences for failing to comply with a health and safety duty under the WHS Act, depending on the degree of seriousness or culpability involved. Possible penalties for breaches of the law range from fines to lengthy jail terms.

Offences involving reckless conduct will be prosecuted in the District Court, whereas lesser offences will be prosecuted in the Magistrates Court.