WORK HEALTH AND SAFETY ACT 2011 - SECT 230 Prosecutions

WORK HEALTH AND SAFETY ACT 2011 - SECT 230

  (1)   Subject to subsection   (4), proceedings for an offence against this Act may only be brought by:

  (a)   the regulator; or

  (b)   an inspector with the written authorisation of the regulator (either generally or in a particular case).

  (2)   An authorisation under subsection   (1)(b) is sufficient authority to continue proceedings in any case where a court amends the charge, warrant or summons.

  (3)   The regulator must issue, and publish on the regulator's website, general guidelines for or in relation to:

  (a)   the prosecution of offences under this Act; and

  (b)   the acceptance of WHS undertakings under this Act.

  (4)   Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an offence against this Act.