Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 239

239 .         Release on the giving of a court-ordered WHS undertaking

        (1)         The court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions (a court-ordered WHS undertaking ).

        (2)         A court-ordered WHS undertaking must specify the following conditions —

            (a)         that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;

            (b)         that the offender does not commit, during the period of the adjournment, any offence against this Act;

            (c)         that the offender observes any special conditions imposed by the court.

        (3)         An offender who has given a court-ordered WHS undertaking under this section may be called on to appear before the court by order of the court.

        (4)         An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance.

        (5)         If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered WHS undertaking, it must discharge the offender without any further hearing of the proceeding.