Work Health and Safety Act 2011

This section applies if—

a person—

reasonably considers that the occurrence of an act, matter or thing constitutes a category 1 offence or a category 2 offence; or

reasonably considers, from a coronial report or a proceeding at a coronial inquiry or inquest, that a category 1 offence or a category 2 offence has been committed; and

no prosecution for the offence has been brought.

The person may make a written request to the regulator that a prosecution be brought.

The request may be made—

if subsection (1) (a) (i) applies—at least 6 months but not more than 18 months after the act, matter or thing happens; or

if subsection (1) (a) (ii) applies—within 6 months after the day the report is made or the inquiry or inquest ends.

See s 232 in relation to the limitation period for prosecutions.

Within 3 months after the regulator receives a request the regulator must—

advise the applicant (in writing)—

whether the investigation is complete; and

if the investigation is complete—

whether the regulator has referred or will be referring the matter to the DPP; or

the reasons why the regulator will not be referring the matter to the DPP; and

advise the person who the applicant believes committed the offence of the application.

If, under subsection (2) (a) (i), the regulator advises the person that the investigation is not complete, the regulator must—

until the investigation is complete, give the person a written update about the investigation at least every 3 months; and

when the investigation is complete, give the person a written notice stating—

whether a prosecution will be brought; and

if a prosecution will not be brought—the reasons why.

If the regulator advises the person under subsection (2) or (2A) that the regulator will not be referring a matter concerning a category 1 offence, a category 2 offence or an industrial manslaughter offence to the DPP, the regulator must—

advise the person that the person may ask the regulator to refer the matter to the DPP for consideration; and

if the person makes a written request to the regulator to do so, refer the matter to the DPP within 1 month of the request.

The DPP must consider the matter and advise (in writing) the regulator as soon as practicable as to whether the DPP considers that a prosecution should be brought.

If the DPP considers that a prosecution should not be brought, the regulator must ensure that written reasons for the decision are given to—

the person who made the request; and

the person who the applicant believes committed the offence.

If the regulator declines to follow the advice of the DPP to bring a proceeding, the regulator must give written reasons for the decision to any person to whom written reasons are given under subsection (5).

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.