WORK HEALTH AND SAFETY ACT 2011 - SECT 231 Procedure if prosecution is not brought

WORK HEALTH AND SAFETY ACT 2011 - SECT 231

231 Procedure if prosecution is not brought

(1) If—

(a) a person reasonably considers that an act or omission constitutes a category 1 offence or a category 2 offence; and

(b) no prosecution has been brought in relation to the act or omission after 6 months but not later than 12 months after the act or omission happens;

the person may make a written request to the WHS prosecutor that a prosecution be brought.

(1A) Also, a person may make a written request to the WHS prosecutor that a prosecution be brought if—

(a) the person reasonably considers an act or omission constitutes an offence against part 2A ; and

(b) no prosecution has been brought in relation to the act or omission; and

(c) it has been at least 6 months since the act or omission happened.

(2) Within 3 months after the WHS prosecutor receives a request under subsection (1) or (1A) the WHS prosecutor must—

(a) advise the person, in writing—

(i) whether the investigation is complete; and

(ii) if the investigation is complete, whether a prosecution has been or will be brought or give reasons why a prosecution will not be brought; and

(b) advise the person who the applicant believes committed the offence of the application and of the matters set out in paragraph (a) .

(3) If the WHS prosecutor advises the person that a prosecution for a category 1 or category 2 offence or an offence against part 2A will not be brought, the WHS prosecutor must—

(a) advise the person that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and

(b) if the person makes a written request to the WHS prosecutor to do so, refer the matter to the director of public prosecutions within 1 month of the request.

(4) The director of public prosecutions must consider the matter and advise (in writing) the WHS prosecutor within 1 month as to whether the director considers that a prosecution should be brought.

(5) The WHS prosecutor must ensure a copy of the advice is given to—

(a) the person who made the request; and

(b) the person who the applicant believes committed the offence.

(6) If the WHS prosecutor declines to follow the advice of the director of public prosecutions to bring proceedings, the WHS prosecutor must give written reasons for the decision to any person to whom a copy of the advice is given under subsection (5) .