Northern Territory Numbered Acts

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WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 83

Court's power to make orders of various kinds on conviction of offender for offence against this Act

    (1)     If a court convicts a person of an offence against this Act, the court may, in addition to any other penalty imposed by the court, make any 1 or more of the following orders:

    (a)     an adverse publicity order;

    (b)     a remedial measures order;

    (c)     a training order.

    (2)     An adverse publicity order is an order requiring the defendant to publicise in a manner and to an extent specified by the court:

    (a)     the fact of the conviction and, if the court so requires, the amount of the penalty; and

    (b)     any of the circumstances surrounding the case that the court requires to be publicised.

    (3)     A remedial measures order is an order requiring the defendant to take specified measures for improving standards of occupational health and safety at a particular workplace.

Example

A remedial measures order might require the defendant to:

(a)     engage a consultant, approved by the Authority, to advise on and assist with occupational safety; and

(b)     develop and implement a systematic approach to managing risks to health or safety that may arise in the conduct of the defendant's business; and

(c)     arrange for the carrying out of an independent audit of the health and safety measures for the defendant's business by a person approved by the Authority.

    (4)     A training order is an order requiring the defendant to undertake a specified course of training.

    (5)     An order under this section may include incidental provisions such as a requirement to provide the Authority with specified evidence of compliance.

    (6)     If a defendant fails to comply with an adverse publicity order, a remedial measures order or a training order, the defendant is guilty of a further offence.

Maximum penalty:     100 penalty units.



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