This page outlines the potential penalties for employers who contravene the WA Long Service Leave Act and provides information on the accessorial liability provisions.

Visit the main Long Service Leave page for links to other information on long service leave in Western Australia including who is covered by the WA Long Service Leave Act.

Penalties

Employers face a penalty of up to $13,000 (or up to $130,000 in the case of a serious contravention) for individuals, or a penalty of up to $65,000 (or up to $650,000 in the case of a serious contravention) for bodies corporate for contraventions of the Long Service Leave Act.

A serious contravention is defined as a situation in which the person knowingly commits the contravention and this conduct is part of a systematic pattern of conduct relating to one or more other persons.

Accessorial Liability

A penalty may also be imposed on a person who has been involved in a contravention, including a contravention of a record keeping requirement. This liability may extend to persons such as accountants and HR officers responsible for maintaining and keeping employment records for a business.

A person is involved in a contravention if the person intentionally participates in the contravention. This requires actual knowledge of the essential matters that make up the contravention. It can, however, also include ‘wilful blindness’ if a person deliberately shuts their eyes to what is going on and fails to make an inquiry of suspicious circumstances.