Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 236

236 Adverse publicity orders

(1) The court may make an order (an
"adverse publicity order" ) in relation to the offender requiring the offender—

(a) to take either or both of the following actions within the period stated in the order—

(i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b) to give the WHS prosecutor, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2) The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.

(3) If the offender fails to give evidence to the WHS prosecutor as provided under subsection (1) (b) , the WHS prosecutor, or a person authorised in writing by the WHS prosecutor, may take the action or actions stated in the order.

(4) However, if—

(a) the offender gives evidence to the WHS prosecutor as provided under subsection (1) (b) ; and

(b) despite that evidence, the WHS prosecutor is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;

the WHS prosecutor may apply to the court for an order authorising the WHS prosecutor, or a person authorised in writing by the WHS prosecutor, to take the action or actions.

(5) If the WHS prosecutor or a person authorised in writing by the WHS prosecutor takes an action or actions under subsection (3) or an order under subsection (4) , the WHS prosecutor is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the WHS prosecutor.