DEFINITIONS – 2 – OHS ACT

LIABILITY IN LAW –  ‘a person or a thing whose presence or behaviour is likely to put one at a disadvantage’. Liability is therefore a position in which an individual or company finds themselves as a consequence of a person or a thing – including legislation – imposing a responsibility and/or obligation on such individual or company.

LEGAL LIABILITY – Financial and legal accountability for something in terms of both civil law and criminal law.

CIVIL LAW – Is law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim.

CRIMINAL LAW/PENAL LAW – The body of law that relates to crime and refers to any of various bodies of rules requiring imposition of punishment for failure to comply.

STRICT LIABILITY – A court rule that specifies strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability.

CULPABILITY – Is a measure of the degree to which a person, can be held morally or legally responsible for example, murder.