New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - 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 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 18 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 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).

(2A) If, under subsection (2)(a), the regulator advises the person the investigation is not complete, the regulator must, from the time that advice is provided and until the investigation is complete, advise the person at least every 3 months of the matters set out in that paragraph.

(3) If the regulator advises the person that a prosecution for a Category 1 or Category 2 offence will not be brought, the regulator must--

(a) advise the person that the person may ask the regulator to refer the matter to the Director of Public Prosecutions for consideration, and

(b) if the person makes a written request to the regulator to do so, refer the matter to the Director of Public Prosecutions within 1 month of the request.

(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the regulator within 1 month as to whether the Director considers that a prosecution should be brought.

(5) The regulator must ensure a copy of the advice is given to--

(a) the person who made the request, and

(b) the person who the applicant believes committed the offence.

(6) If the regulator declines to follow the advice of the Director of Public Prosecutions to bring proceedings, the regulator must give written reasons for the decision to any person to whom a copy of the advice is given under subsection (5).

(7) 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.