In relation to the WHS Act, there are three categories of offences for non-compliance. I have listed the categories. What would examples of the three categories be in relation to a health and fitness centre?

Category 1 - Reckless Conduct

A person engages in reckless conduct if:

• the person has a health and safety duty; and
• the person, without reasonable excuse, engages in conduct that exposes the individual to whom the duty is owed to a risk of death or serious injury or illness; and
• the person is reckless as to the risk to an individual of death or serious injury or illness.

Category 2 - Failure to comply with health and safety duty.

A person commits a category 2 offence if:

• the person has a health and safety duty; and
• the person fails to comply with that duty; and
• the failure exposes an individual to a risk of death or serious injury or illness.

Category 3 - Failure to comply with health and safety duty.

A person commits a category 3 offence if:

• the person has a health and safety duty; and
• the person fails to comply with that duty.