New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 229B

229B Procedure for offences

(1) Except as provided by this section, proceedings for an offence against this Act or the regulations must be dealt with summarily before--

(a) the Local Court, or

(b) the Industrial Court.

(2) Proceedings for an offence against section 34C committed by an individual must be dealt with on indictment.

Note--: The Industrial Court has only summary jurisdiction for criminal proceedings.

(3) Proceedings for a Category 1 offence committed by an individual must be dealt with on indictment.

Note--: Section 230 provides for who may bring proceedings for an offence against this Act.

(3A) Proceedings for the following offences committed by a body corporate must be dealt with summarily unless the prosecutor elects to have the proceedings dealt with on indictment--

(a) an offence against section 34C,

(b) a Category 1 offence.

(4) The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act is an amount equal to the monetary value of 1,200 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.

(5) The provisions of the Industrial Relations Act 1996 , and of the regulations under that Act, relating to appeals from the Local Court to the Industrial Court in connection with offences against that Act apply to proceedings before the Local Court for offences against this Act or the regulations.

Note--: The Industrial Relations Act 1996 , section 197 deals with appeals against convictions or penalties in connection with offences against that Act.