Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 577

    (1)     If—

        (a)     a worker or applicant for employment considers that an offence against section 575 has occurred; and

        (b)     no prosecution has been brought in respect of that occurrence within 6 months of that occurrence—

the worker or applicant for employment may request in writing that the Authority bring a prosecution in respect of that occurrence.

    (2)     Within 3 months after it receives a request under subsection (1), the Authority must—

        (a)     investigate the matter; and

        (b)     advise in writing the worker or applicant for employment that a prosecution has been or will be brought or give reasons why a prosecution will not be brought.

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

    (4)     The Director of Public Prosecutions must—

        (a)     consider the matter; and

        (b)     advise the Authority in writing whether or not the Director of Public Prosecutions considers that a prosecution should be brought.

    (5)     The Authority must—

        (a)     ensure a copy of the advice is sent to the worker or applicant for employment who made the request; and

        (b)     if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, give the worker or applicant for employment 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 be 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.

    (7)     No proceedings may be brought in respect of a decision to bring or not to bring proceedings for an offence under section 575.