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Expiation notices


SafeWork SA Inspectors can issue expiation notices for a range of offences under the South Australian laws administered by the agency.

Prosecution is avoided by paying within the 28 day due date, inclusive of a $60 Victims of Crime Levy that's added to the expiation fee.

    Payment options

    You may, on or before the pay by date, pay the total amount due for the offence(s) not disputed including levies:

    1. By Post
      Complete the payment slip at the bottom of the notice and return the completed payment slip with a cheque for the total amount  to:
      SafeWork SA
      GPO Box 465
      ADELAIDE SA 5001

      You will need to:
      • Cross and mark the cheque ‘NOT NEGOTIABLE’ and make it payable to SafeWork SA.
      • Write the expiation notice number on the back of the cheque
      • Note: If a cheque is not honoured upon presentation, payment shall be deemed not to have been made; or
    2. In Person
      Visit SafeWork SA at Level 4, 33 Richmond Road, Keswick with your completed payment slip and pay by cash, cheque, debit card, MasterCard, or Visa; or
    3. Enter into a payment arrangement
      Enter into a payment arrangement with the Chief Recovery Officer in SA Government’s Fines Enforcement and Recovery Unit. A fee will apply to enter into a payment arrangement. For more information contact the Fines Enforcement and Recovery Unit on telephone 1800 659 538.

    For further information or other payment options that may be available call us on 1300 365 255.

    If you wish to challenge an expiation notice you can:

    • apply to SafeWork SA for a review of an expiation penalty if you believe the offence(s) was trifling (as explained in Section 4(2) of the Expiation of Offences Act 1996). You need to complete the return the slip on the bottom of the expiation notice and attach a File statutory declaration outlining the reasons why you think the offence is trifling. Post the return slip and the statutory declaration to SafeWork SA, GPO Box 465, ADELAIDE SA 5001. Do not pay the notice, or
    • elect to be prosecuted for an alleged offence by completing the return slip on the bottom of the notice and either post it to SafeWork SA, GPO Box 465, ADELAIDE SA 5001 or deliver it personally to a SafeWork SA office.  If you elect to be prosecuted for the offence, you may receive a summons to attend court. The summons will set out where and when to attend court. Do not pay the notice.

    Work Health and Safety Act 2012 (SA)

    Section Title Penalty - Individual Penalty - Corporate
    38(7) Duty to notify of notifiable incidents $600 $3000
    70(1)(c), (d) or (e) General obligations of person conducting business or undertaking $720 $3600
    70(2) General obligations of person conducting business or undertaking $720 $3600
    72(7) Obligation to train health and safety representatives $720 $3600
    74(1) List of health and safety representatives $240 $1200
    75(1) Health and safety committees $600 $3000
    79(3) Duties of person conducting business or undertaking $720 $3600
    79(4) Duties of person conducting business or undertaking $720 $3600
    97(1) Display of provisional improvement notice $600 $3000
    193 Compliance with improvement notice $720 $3600
    273 Person not to levy workers $600 $3000

    Work Health and Safety Regulations 2012 (SA)

    Section Regulation Penalty - Individual Penalty - Corporate
    46(2)-(4) Duties of worker $432 $2160
    48 Remote or isolated work $720 $3600
    50(1) and (3) Monitoring airborne contaminant levels $720 $3600
    50(2) (Record keeping) $144 $720
    66(2)and (5) Managing risks to health and safety (duty to prepare risk assessment and keep it up-to-date) $432 $2160
    67(4) Confined space entry permit (ensuring no-one is left in the space inadvertently) $720 $3600
    68(1) Signage $432 $2160
    69 Communication and safety monitoring $720 $3600
    72(1)and (2) Specific control - flammable gases and vapours $720 $3600
    76(2) Information, training and instruction for workers (training records to be kept] $144 $720
    77(2)-(4) Confined space entry permit and risk assessment must be kept $144 $720
    77(5) Confined space entry permit and risk assessment must be kept (worker access etc.) $432 $2160
    85(1)-(3) Evidence of Licence - PCBU $432 $2160
    85(4) Evidence of Licence - PCBU (record-keeping) $144 $720
    94(1) Licence document to be available (HRW) $144 $720
    96 Notice of change of address $144 $720
    97 Licence holder to return licence (amended HRW licence) $144 $720
    98(1) Replacement licence document (HRW licencing) $144 $720
    111 Licence holder to return licence document (HRW licence suspension/cancellation) $144 $720
    124(1)and (2) Accreditation document to be available (accredited assessors) $144 $720
    125 Changes to information (accredited assessors) $144 $720
    126 Accredited assessor to return accreditation document $144 $720
    127 Replacement accreditation document $144 $720
    139 Accredited assessor to return accreditation document (suspension/cancellation of accreditation) $144 $720
    142 Notice of demolition work $144 $720
    150(1)and (2) Inspection and testing of electrical equipment $432 $2160
    150(3) Inspection and testing of electrical equipment (record of testing) $144 $720
    154 Electrical work on energised electrical equipment - prohibited $720 $3600
    155(1)and (2) Duty to determine whether equipment is energised $720 $3600
    159 Unauthorised access to equipment being worked on $720 $3600
    160 Contact with equipment being worked on $720 $3600
    165(1) Testing of residual current devices $432 $2160
    165(2) Testing of residual current devices (recordkeeping) $144 $720
    170 Duty to keep certificate of medical fitness $144 $720
    175(1)-(3) Evidence of competence (diving work) $144 $720
    180 Additional control - dive safety log to be kept $144 $720
    181(2)-(4) Use of dive safety log $144 $720
    182(2),
    (3)and (5)
    Record keeping (diving work) $144 $720
    224(1)and (2) Pressure equipment $432 $2160
    226(1),
    (3),(4)
    Plant with presence-sensing safeguarding system -records $144 $720
    228 Records and information (designers of plant) $144 $720
    229(1)and (2) Records of standards or engineering principles used (designers of plant) $144 $720
    230(1)-(3) Records to be available for inspection (designers of plant) $144 $720
    237(2),(4) and (5) Records of plant $144 $720
    238(2) Operation of amusement devices  $720 $3600
    253 Duty of design verifier $432 $2160
    254 Design verification statement not to be made in certain circumstances $432 $2160
    260(3)-(5) Plant design registration number $144 $720
    262(1) Registration document to be available (plant designs) $144 $720
    273(3)and (4) Plant registration number $144 $720
    275(1) Registration document to be available (items of plant) $144 $720
    282 Changes to information (plant/design registration) $144 $720
    287 Registration holder to return registration document (plant/design registration) $144 $720
    288(1) Replacement registration document (plant/design registration) $144 $720
    295(1) Designer must give safety report to person who commissions design $432 $2160
    296 Person who commissions project must give information to principal contractor $432 $2160
    301 Safe work method statement- copy to be given to principal contractor (high risk construction work) $432 $2160
    302 Review of safe work method statement (high risk construction work) $432 $2160
    303(1)and (2) Safe work method statement must be kept (high risk construction work) $144 $720
    303(3) Safe work method statement must be kept (high risk construction work) [Worker access etc.] $432 $2160
    304(2)-(4) Excavation work - underground essential services information $432 $2160
    304(5) Excavation work - underground essential services information (information access) $144 $720
    308 Specific control measure - signage identifying principal contractor $432 $2160
    312 High risk construction work - safe work method statements $432 $2160
    313(1)-(4) Copy of WHS management plan must be kept $144 $720
    316 Duty to provide general construction induction training $432 $2160
    326(1)and (2) Duties of workers (general construction induction training) $144 $720
    378(1)and (2) Health monitoring records (hazardous chemicals) $144 $720
    387(2) Statement of exposure to be provided to workers (hazardous chemicals) $432 $2160
    388(2)and (3) Records to be kept (hazardous chemicals) $432 $2160
    390(2)and (3) Pipeline builder's duties $144 $720
    391(3) Management of risks to health and safety by pipeline operator $144 $720
    409 Duty to pay costs of health monitoring $432 $2160
    415(2) Removal of worker from lead risk work $432 $2160
    418(1)and (2) Health monitoring records (lead) $144 $720
    423(2) Analysis of sample (asbestos) $144 $720
    425(1) and (2) Asbestos register $432 $2160
    426 Review of asbestos register $432 $2160
    427(1) and (2) Access to asbestos register $432 $2160
    429(5) Asbestos management plan (worker access) $432 $2160
    432(5) Asbestos management plan (management of naturally occurring asbestos) $432 $2160
    438(1) and (2) Duty to pay costs of health monitoring $432 $2160
    444(1) and (2) Health monitoring records (asbestos) $144 $720
    445(3) and (4) Duty to train workers about asbestos (records of training) $144 $720
    449 Duty to give asbestos register to PCBU of demolition or refurbishment $720 $3600
    450 Duty to obtain asbestos register $720 $3600
    451(5) Determining presence of asbestos or ACM (notification: owner, occupier) $432 $2160
    461(1) and (2) Licensed asbestos removalist must keep training records $144 $720
    464(3) Asbestos removal control plan $432 $2160
    465(1)-(3) Asbestos removal control plan to be kept and available $432 $2160
    482(3) Air monitoring (asbestos-related work) $432 $2160
    505 Licence document to be available (asbestos removalists and assessors) $144 $720
    506 Changes to information (asbestos removalists and assessors) $144 $720
    507(1) Change to nominated supervisor (asbestos removalists) $144 $720
    512 Licence holder to return licence (asbestos removalists and assessors) $144 $720
    513(1) Replacement licence document (asbestos removalists and assessors) $144 $720
    525 Licence holder to return licence document (asbestos removalists and assessors) $144 $720
    529 Work must be supervised by named supervisor (asbestos removalists) $432 $2160
    555(4) Safety assessment (major hazard facilities) $720 $3600
    572(4) Information for local community - general (major hazard facilities) $144 $720
    587(1) Licence document to be available (major hazard facilities) $144 $720
    588(1) Changes to information (major hazard facilities) $144 $720
    593 Operator to return licence (major hazard facilities) $144 $720
    594 Replacement licence document (major hazard facilities) $144 $720
    607 Operator to return licence document (major hazard facility licence suspension/cancellation) $144 $720

    Dangerous Substances Regulations 2017

    Section Regulation Maximum Penalty Expiation Fee
    7(1) Accidents - must give a Competent Authority notice in writing within 24 hours after the accident $2500 $210
    8(2) Duties of employees - must not fail to use PPE as supplied by their employer, if required by the employer to do so $2500 $210
    10(2) Quality and odour $2500 $210
    12 Compliance with standard $2500 $210
    13 Cylinders and tanks $2500 $210
    15 Filling, testing and maintenance $2500 $210
    16(1) and (2) Vehicles $2500 $210
    17(6) Labels $2500 $210
    18 Repair or alterations $2500 $210
    23 Compliance with standard $2500 $210
    24(1) and (2) Installation of tank $2500 $210
    25(1) Records $2500 $210
    26 Construction of package store $2500 $210
    27(3) Prescribed standard $2500 $210
    28(2) Ullage $2500 $210
    29 Tank design $2500 $210
    30(1) Notice of manufacture etc $2500 $210
    31(1) and (2) Use of tank $2500 $210
    32 Repairs or alterations $2500 $210
    33(7) Labels $2500 $210
    34(2) Markings $2500 $210
    39 Storage where licence required $2500 $210
    41 Consumption of food or drink in storage area $2500 $210
    42(1) and (2) Packaging $2500 $210
    43 Identification of pipes $2500 $210
    44 Maintenance of tank, pipe etc $2500 $210
    45 Discharge into sewer etc $2500 $210
    46(1) and (2) Gas fitting work $5000  
    47(1) Gas fitting work not to be carried out without permit $5000  
    47(3) Gas fitting work not to be carried out without permit $2500  
    55(2)-(4) and (6)-(7) Certificates of compliance and compliance plates $5000  
    56 Damaged installations $2500 $210
    57(2) and (3) Prescribed requirements $2500 $210

    Dangerous Goods Transport Regulations 2008

    Section Regulation Penalty - Individual Penalty - Corporate
    37 Failure to comply with licence condition $800 $4000
    40(2) Produce licence to competent authority upon request $130 -
    40(3) Return of licence upon cancellation or suspension $130 $650
    42 Driver to always carry Dangerous Goods drivers licence $130 -
    43(2) Vehicle must have current licence label attached when transporting dangerous goods $130 -
    43(3) Prime contractor can only use vehicle if the current licence label is attached $130 $650
    47 Prime contractor must produce evidence of insurance policy for vehicle or approval under regulation 157(2) $260 $1300
    48(3) Person must not manage or supervise transport and associated activities unless they have relevant training and instruction $800 -
    54 Cannot sell, supply or offer to supply non-compliant packaging $800 $4000
    57 Owners duties in relation to MEGC tank $800 $4000
    60 Loader's duties: must not load goods with unsuitable packaging $800 $4000
    62 Driver's duties: must not drive goods with unsuitable packaging $800 -
    65 Loader's duties in relation to non-compliant overpacks $400 $2000
    66 Prime contractor or rail operator's duties in relation to non-compliant overpacks $400 $2000
    67 Drivers duties in relation to non-compliant overpacks $260 $1300
    71 Loader's duties in relation to defective or damaged packaging $800 $4000
    72 Prime contractor or rail operator's duties in relation to damaged or defective packaging $800 $4000
    73 Driver's duties in relation to damaged or defective packaging $400 -
    75(3)(a) Consignor's duties in relation to mislabelled packages- for large packaging or an overpack $400 $2000
    75(3)(b) Consignor's duties in relation to mislabelled packages- any other offences $130 $650
    76(3)(a) Packers duties: must not mislabel packaging- for large packaging or an overpack $400 $2000
    76(3)(b) Packers duties: must not mislabel packaging- for any other offence $130 $650
    77(1)(a) Prime contractor or rail operator's duties in relation to the transportation of mislabelled or incorrectly packaged goods- for a large package or an overpack $400 $2000
    77(1)(b) Prime contractor or rail operator's duties in relation to the transportation of mislabelled or incorrectly packaged goods- for any other offence $130 $650
    77(3)(a) Prime contractor or rail operator must not transport goods mislabelled as dangerous goods- for a large package or an overpack $400 $2000
    77(3)(b) Prime contractor or rail operator must not transport goods mislabelled as dangerous goods- for any other offence $130 $650
    79(3) Consignor's duty re use of mis-placarded loads $800 $4000
    80(1) Loader's duties: must ensure load is appropriately placarded $800 $4000
    80(3) Loader's duties: must not placard a load that does not contain dangerous goods $800 $4000
    81(3) Prime contractor must not use transport that is inappropriately placarded $800 $4000
    82(1) Driver must not drive load that is not placarded and should be $400 -
    82(2) Driver must not drive a misleading or falsely placarded load $400 -
    82(3) Driver must not drive a load that is placarded and does not contain dangerous goods $400 -
    85 Loader's duties: must not load goods onto transport vehicle that does not comply with ADG code $400 $2000
    86 Prime contractor or rail operation must not use transport that does not comply with ADG code $800 $4000
    87 Driver duties: must not drive vehicle that does not comply with ADG Code $400 -
    88 Owner's duties in relation to placarded vehicle requirements $800 $4000
    89 Prime contractor's or rail operator's duties in relation to placarded vehicle requirements $800 $4000
    90(1) Driver's duties in relation to placarded vehicle requirements $260 -
    90(2) Driver's duties in relation to transporting a placard load $260 -
    96 Driver's duties: must not drive a load that does not comply with ADG Code $260 -
    97(1) Consignor's duties in relation to the correct method for stowing, loading and restraint of a load $400 $2000
    97(2) Consignor duties in relation to transportation if a load will not comply with chapter 8.2 of ADG Code $400 $2000
    98(1) Loader's duties: must ensure goods are loaded in compliance with chapter 8.1 of ADG Code $400 $2000
    98(2) Loader's duties: must ensure proper restraint as per chapter 8.2 of ADG Code $400 $2000
    99(1) Prime contractor or rail operator's duties in relation to the correct stowage, loading and restraint of a load $400 $2000
    99(2) Prime contractor or rail operator's duties in relation to proper restraint of load $400 $2000
    100(1) Driver's duties in relation to proper stowage, loading and restrain of a load $260 -
    100(2) Driver's duties in relation to the proper restraint of a load $260 -
    107 Driver's duties: must not drive load that should be segregated and is not $260 -
    109(1) Transferor's duties: must not use damaged or defective hose assembly to transfer goods $400 -
    109 (2) Transferor's duties: must not use hose assembly that does not comply with ADG Code $800 -
    110(1) Transferor's duties: must ensure goods are transferred in compliance with the ADG Code $400 -
    110(2) Transferor's duties: must not transfer goods that are incompatible with equipment $400 -
    110(3) Transferor's duties: if a leak occurs the transfer must cease immediately until the issue is rectified $400 -
    114 Transferor's duties: must ensure compliance with the code in relation to the transfer of goods into a tank $400 -
    115 Prime contractor or rail operator's duties in relation to compliance with the code re tanks $400 $2000
    116 Driver's duties: must not drive a road tank that does not comply with ADG Code $400 -
    118(1) Consignor's duties to not use transport where the appropriate paperwork has not been provided $260 $1300
    118(2) Consignor's duties to not use transport where the load will be split and the appropriate paperwork has not been provided $260 $1300
    119 Consignor's duties for transport via rail: must not utilise transport if appropriate paper work has not been provided $260 $1300
    120 Prime contractor must not transport goods via road vehicles unless driver's have appropriate documentation $400 $2000
    121 Rail operator must not transport goods via rail unless the driver of the rail train has appropriate documentation $400 $2000
    122(1) Driver's duties: must ensure dangerous goods transport paperwork is carried $260 -
    122(2) Driver must produce dangerous goods transport paperwork upon request $260 -
    123(1) Train driver must not transport goods unless appropriate paperwork is held on-board $260 -
    123(2) Train driver must produce documents upon request $260 -
    125 Consignor must not consign load unless required emergency paper work is available on the vehicle $260 $1300
    126 Prime contractor must not use placard transport if emergency information is not available $400 $2000
    127 Rail operator must not transport placard load if required emergency information is not in the driver's cab $400 $2000
    128(1) Driver must not drive road vehicle with placard load if it does not contain emergency information $260 -
    128(2) Driver must ensure emergency information folder contains the right information $130 -
    128(3) Driver must produce emergency information upon request $260 -
    129(1) Train driver must not drive train unless required emergency information is in the driver's cab $260 -
    129(2) Train driver must present emergency information upon request $260 -
    130 Driver must not let anyone else ride in road vehicle unless in accordance with ADG Code $130 -
    131 Driver of a road vehicle must not park in private or public park unless in accordance with ADG Code $260 -
    132(2) Driver must not have in possession lighter or matches or smoke in vehicle $800 -
    132(3) Driver must ensure that no one in vehicle has lighter or matches or smoke in the vehicle $800 -
    133 Driver must ensure placard load is dealt with in accordance to ADG Code $800 -
    134 Driver must not allow trailer to become detached unless in accordance with ADG Code $800 -
    135 Driver must only operate burners on a placard load in accordance with ADG Code $800 -
    136 Prime contractor or rail operator must not transport goods contrary to regulations $400 $2000
    137 Driver must not drive road vehicle with load contrary to regulations $400 -
    139 Driver must alert other road users to hazard $130 -
    140(1) Prime contractor responsible for any vehicle repairs $400 $2000
    140(2) Prime contractor must remove dangerous goods if possible $400 $2000
    150 Consignor must not consign transport for goods if special conditions will be contravened $400 $2000

    Explosives Act 1936

    Section Title Penalty
    23(3) Keeping of explosives $315

    Explosives Regulations 1996

    Section Regulation Penalty
    6.02-6.10 Contravention or failure to comply with a requirement of Part 6 (packaging and labelling of explosives) $100
    14.01; 14.03-04; 14.08-09; 14.11; 14.11A; 14.12 Contravention or failure to comply with a requirement of Part 14 (sale of explosives other than fireworks) $100
    15.01-03; 15.06-07; 15.07A; 15.07B; 15.07C; 15.08; 15.10-11 Contravention or failure to comply with a requirement of Part 15 (miscellaneous) $100

    Explosives (Fireworks) Regulations 2001

    Section Regulation Penalty
    6 Unlawful sale, supply or possession of fireworks $315 (possession/ custody of
    < 3kg (gross) of fireworks)
    7(2) Reloadable mortar to be removed from certain imported fireworks by owner/importer $210
    9(1) Requirement to hold pyrotechnician's licence (personal use) $315 (possession/ custody of
    < 3kg (gross) of fireworks)
    9(2) Requirement to hold pyrotechnician's licence (conducting fireworks/special effects display) $315 (possession/ custody of
    < 3kg (gross) of fireworks)
    22(7) Contravene/fail to comply with an exempt display permit condition $315
    31 Contravene/fail to comply with conditions of licence $315
    37 Production of licences, permits and records upon request $315

    Petroleum Products Regulation Act 1995

    Section Regulation Penalty
    52 Records to be kept of bulk transport of petroleum products $200
    53(1) Records to be kept by persons who carry on a petroleum products business $200
    53(3) Records to be kept by persons who purchase petroleum products pursuant to a certificate $200

    Further information

    Payment options

    Counter

    • At SafeWork SA Keswick - cash, credit card, cheque or money order.
    • At SafeWork SA Regional offices - cheque or money order.

    Credit card

    • Visa, Mastercard or Debit Card
    • Or call us on 1300 365 255 to pay over the phone.

    Online

    • Online payments will be available from September 2018.
    • If online payment is detailed as a payment method on the reverse of the expiation notice, via https://app.safework.sa.gov.au/pay/home.
    • If online payment is not specified on the reverse of the notice, you must pay by one of the other options listed on the notice.

    Failure to pay

    • You will receive a reminder notice. An extra fee applies.
    • If you do not pay the reminder notice the reminder notice will be sent to the Fines Enforcement & Recovery Unit for collection. Further fees apply.

    Late payment

    • We can accept payments received by post or internal mail for up to 5 days after the due date.
    • In all other cases the client should expect a reminder notice to arrive by post in the near future.
    Elect to be prosecuted
    • Complete the tear off section on the bottom of the expiation notice and post it in via post; or
    • Complete and scan the tear off section and email it to expiations.safework [at] sa.gov.au.
    • The expiation notice is now considered to be withdrawn and it has no effect. You do not have to do anything unless you receive a Summons to go to Court. If that is going to happen, it will happen within six (6) months.
    Trifling review

    This is specified in Section 4(2) of the Expiation of Offences Act 1996 as:

    • there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence; or
    • the alleged offender could not, in all the circumstances, reasonably have averted committing the offence; or
    • the conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach of the relevant enactment.

    You may choose to seek legal advice if you want more explanation regarding trifling offences and reviews.

    Applying for a trifling review

    • Fill in the tear off section at the bottom of the expiation notice.
    • Complete a sworn Statutory Declaration explaining the reasons why you think the offence was trifling.
    • Send the tear off section and the Statutory Declaration to:
      • SafeWork SA
        GPO Box 465
        Adelaide SA 5001
      • or email to expiations.safework [at] sa.gov.au.

    Unsuccessful review

    • Your options are to either pay the notice or elect to be prosecuted.

    Review of reminder notice

    • The Expiation of Offences Act 1996 only provides for a review of the expiation notice, not the reminder.
    Withdrawls

    A letter will be sent explaining the reasons why the notice was withdrawn, including:

    • the notice may have been incorrectly issued
    • there may have been a fault with the original notice – a new notice may have been issued and attached to your letter. If there was no replacement notice attached to your letter, consider the matter finished with
    • the notice may have been withdrawn because you sought a review on the grounds the offence was trifling, and your request was successful
    • SafeWork SA or the Fines Unit reviewed the notice and decided not to proceed with the matter
    • SafeWork SA may have decided to commence prosecution proceedings in relation to the matter; however if that is the case it would have been detailed in the letter.
    Expiation penalties

    Penalties range from between $720 for an individual and $3600 for a company for safety breaches including:

    • things related to notifications to SafeWork SA about notifiable incidents
    • not providing first-aid equipment
    • not providing personal protective equipment
    • not providing training and instruction on the use of personal protective equipment
    • not preparing a safe work method statement for high-risk construction work
    • not ensuring work is carried out in accordance with a safe work method statement
    • not stopping work if the work is not being carried out in accordance with the safe work method statement
    • not minimising the risk of collapse of trenches
    • not having an asbestos register
    • not preparing a work health and safety management plan
    • not ensuring a worker has undergone construction induction training.