Work Health and Safety Act 2011

A proceeding for an offence against this Act may be brought within the latest of the following periods:

within 2 years after the offence first comes to the notice of the regulator;

within 1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceeding at the inquiry or inquest that an offence had been committed against this Act;

if a WHS undertaking has been given in relation to the offence—within 6 months after—

the WHS undertaking is contravened; or

it comes to the notice of the regulator that the WHS undertaking has been contravened; or

the regulator has agreed under section 221 (Withdrawal or variation of WHS undertaking) to the withdrawal of the WHS undertaking.

A proceeding for an offence may be brought after the end of the applicable limitation period in subsection (1) with the leave of the court.

The court may grant leave under subsection (2) only if satisfied that it is in the interests of justice.

This section does not apply to a proceeding for an industrial manslaughter offence.