Petroleum (Submerged Lands) Act 1982

Proceedings for an offence against a listed OHS law may be instituted by the Safety Authority or by an OHS inspector.

A health and safety representative for a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—

a period of 6 months has elapsed since the act or omission occurred; and

the health and safety representative considers the occurrence of the act or omission constitutes an offence against a listed OHS law; and

proceedings in relation to the offence have not been instituted.

A workforce representative in relation to a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—

a period of 6 months has elapsed since the act or omission occurred; and

the workforce representative considers the occurrence of the act or omission constitutes an offence against a listed OHS law; and

proceedings in relation to the offence have not been instituted; and

a group member included in the group requests the workforce representative to request the Safety Authority to institute the proceedings.

A request under subsection (2) or (3) must be in writing.

The Safety Authority must, within 3 months after receiving the request, advise the health and safety representative or the workforce representative, as the case may be, whether proceedings under subsection (1) have been or will be instituted, and, if not, give reasons why not.