Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 131

Procedure if prosecution is not brought

131. Procedure if prosecution is not brought



(1) If-

   (a)  a person considers that the occurrence of an act, matter or thing
        constitutes an offence against this Act; and

   (b)  no prosecution has been brought in respect of the occurrence of the
        act, matter or thing within 6 months of that occurrence-

the person may request in writing that the Authority bring a prosecution.

(2) Within 3 months after the Authority receives a request it must-

   (a)  investigate the matter; and

   (b)  following the investigation, advise (in writing) the person whether a
        prosecution has been or will be brought or give reasons why a
        prosecution will not be brought.

(3) If the Authority advises the person that a prosecution will not be
brought, the Authority must refer the matter to the Director of Public
Prosecutions if the person requests (in writing) that the Authority do so.

(4) The Director of Public Prosecutions must consider the matter and advise
(in writing) the Authority whether or not the Director considers that a
prosecution should be brought.

(5) The Authority must ensure a copy of the advice is sent to the person who
made the request and, if the Authority declines to follow advice from the
Director of Public Prosecutions to bring proceedings, the Authority must give
the person written reasons for its decision.

(6) The Authority must include in its annual report, and publish on its
website, a statement setting out-

   (a)  the number of requests received by the Authority under subsection (1);
        and



   (b)  the number of cases in which the Authority has advised under
        subsection (2)(b) that a prosecution has been or will be brought, or
        will not brought; and

   (c)  the number of cases in which the Director of Public Prosecutions has
        advised under subsection (4) that a prosecution should be brought or
        should not be brought.