Under the Workplace Health & Safety Act 1995 (Qld), a complaint for breach of s 24 is valid if it identifies the essential factual ingredients of the offence without specifying the particular acts or omissions of the employer. However, in appropriate cases, a defendant may obtain particulars of the measures the prosecution contends should have been taken, on the grounds of procedural fairness, to enable preparation of a defence under s 37. The Kirk requirement to particularise measures not taken does not apply in the same way to Queensland prosecutions because of material differences between the statutory schemes.
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