Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 231

             (1)  If:

                     (a)  a person reasonably considers that the occurrence of an act, matter or thing constitutes a Category 1 offence or a Category 2 offence; and

                     (b)  no prosecution has been brought in relation to the occurrence of the act, matter or thing after 6 months but not later than 12 months after that occurrence;

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

             (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.

             (3)  If the regulator advises the person that an investigation has been conducted and that a prosecution for a Category 1 or Category 2 offence 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.