Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 231

  (1)   This section applies if:

  (a)   a person:

  (i)   reasonably considers that the occurrence of an act, matter or thing constitutes a Category 1 offence, a Category 2 offence or an offence against subsection   30A(1) (industrial manslaughter); or

  (ii)   reasonably considers, from a coronial report or the proceedings at a coronial inquiry or inquest, that a Category 1 offence, a Category 2 offence or an offence against subsection   30A(1) (industrial manslaughter) has been committed; and

  (b)   no prosecution for the offence has been brought.

  (1A)   The person may make a written request to the regulator that a prosecution be brought.

  (1B)   The request may only be made:

  (a)   if subsection   (1)(a)(i) applies--at least 6 months but not more than 18 months after the act, matter or thing occurs; or

  (b)   if subsection   (1)(a)(ii) applies--within 6 months after the report is made or the inquiry or inquest ends.

Note:   See section   232 in relation to the limitation period for prosecutions.

  (2)   Within 3 months after the regulator receives a request the regulator 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.

  (2A)   If, under subsection   (2)(a)(i), the regulator advises the person that the investigation is not complete, the regulator must:

  (a)   until the investigation is complete, give the person a written update about the investigation at least every 3 months; and

  (b)   when the investigation is complete, give the person a written notice stating:

  (i)   whether a prosecution will be brought; and

  (ii)   if a prosecution will not be brought--the reasons why.

  (3)   If the regulator advises the person under subsection   (2) or (2A) that an investigation has been conducted and that a prosecution for a Category 1 offence, a Category 2 offence or an offence against subsection   30A(1) (industrial manslaughter) will not be brought, the regulator must:

  (a)   advise the person that the person may ask the regulator to refer the matter to the Director of Public Prosecutions for consideration; and

  (b)   if the person makes a written request to the regulator 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 regulator as soon as is practicable as to whether the Director considers that a prosecution should be brought.

  (5)   The regulator must:

  (a)   notify the following persons in writing whether the Director of Public Prosecutions considers that a prosecution should be brought:

  (i)   the person who made the request;

  (ii)   the person who the applicant believes committed the offence; and

  (b)   must include in the notice given to the person who made the request a summary of the reasons given by the Director of Public Prosecutions for his or her decision.

  (6)   If the regulator declines to follow the advice of the Director of Public Prosecutions to bring proceedings, the regulator must give written reasons for the decision to any person to whom information is given under subsection   (5).

  (7)   In this section a reference to the occurrence of an act, matter or thing includes a reference to a failure in relation to an act, matter or thing.