Western Australian Current Acts

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WORK HEALTH AND SAFETY ACT 2020 - SECT 231

231 .         Procedure if prosecution is not brought

        (1)         If —

            (a)         a person reasonably considers that the occurrence of an act, matter or thing constitutes industrial manslaughter, 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 day on which 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 and of the matters set out in paragraph (a).

        (3)         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.



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