(1) The regulator may accept a written undertaking (a
"WHS undertaking" ) given by a person in connection with a matter relating to
a contravention or alleged contravention by the person of this Act.
(2) A
WHS undertaking can not be accepted for a contravention or alleged
contravention that is—
(a) a category 1 offence; or
(b) a category 2
offence, if the person’s failure to comply with a health and safety duty
results in the death of an individual; or
(c) an offence against part 2A .
(3) The giving of a WHS undertaking does not constitute an admission of guilt
by the person giving it in relation to the contravention or alleged
contravention to which the undertaking relates.
(4) The regulator must issue,
and publish on the regulator’s website, general guidelines in relation to
the acceptance of WHS undertakings under this Act.
