Workers’ Compensation and Rehabilitation Act 2003

This section applies to a proceeding for an offence against chapter 8.

Subject to subsections (2) to (4), a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—

the Regulator; or

a person authorised for the purpose by the Regulator; or

the Attorney-General.

A proceeding for a prescribed offence may, at the election of the prosecution, be taken—

in a summary way under the Justices Act 1886; or

on indictment.

A proceeding must be before a magistrate if it is a proceeding—

with a view to the summary conviction of a person on a charge of a prescribed offence; or

for an examination of witnesses in relation to a charge for a prescribed offence.

However, if a proceeding for a prescribed offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991.

A proceeding for an offence in a summary way must start—

within 1 year after the commission of the offence; or

within 6 months after the commission of the offence comes to the complainant’s knowledge;

If—

a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, at the start of the proceeding, that the charge be prosecuted on indictment; or

the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment;

must not hear and decide the charge as a summary offence; but

must proceed by way of an examination of witnesses in relation to an indictable offence.

If a magistrate acts under subsection (6)—

any plea of the person charged, made at the start of the proceeding, must be disregarded; and

any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and

before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886, section 104(2)(b).

The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment.

A prescribed offence is—

for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or

otherwise—a crime.

In this section—