Queensland Numbered Acts

RESOURCES SAFETY AND HEALTH QUEENSLAND BILL 2020 - SECT 112

112 Replacement of s 235 (Recommendation to prosecute)

Section 235 —
omit, insert—

235 WHS prosecutor may ask CEO for information

(1) The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.

(2) The CEO must take reasonable steps to provide the information.

(3) In this section—

"information" includes a document.

235A CEO’s duty to disclose information to WHS prosecutor

(1) This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.

(2) The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.

(3) The duty continues until the proceeding is finally decided or otherwise ends.

(4) In this section—

"information" includes a document.

235B Procedure if prosecution not brought

(1) This section applies if—

(a) a person reasonably considers that an act or omission constitutes a serious offence under section 234(10); and

(b) no prosecution has been brought in relation to the act or omission; and

(c) at least 6 months but no more than 12 months has elapsed from when the act or omission happened.

(2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.

(3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—

(a) whether the investigation of the act or omission is complete; and

(b) if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and

(c) if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.

(4) Also, if the WHS prosecutor gives a notice under subsection (3)(b) that a prosecution has not been or will not be brought, the WHS prosecutor must—

(a) advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and

(b) if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.

(5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.

(6) The WHS prosecutor must give a copy of the advice under subsection (5) to—

(a) the person who made the request under subsection (2); and

(b) any other person whom the person mentioned in paragraph (a) believes committed the serious offence.

(7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6).