New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 230

230 Prosecutions

(1) Subject to subsection (4), proceedings for an offence against this Act may only be brought by--

(a) the regulator, or

(b) an inspector with the written authorisation of the regulator (either generally or in a particular case), or

(c) the secretary of an industrial organisation of employees any member or members of which are concerned in the matter to which the proceedings relate, but only as permitted by subsection (3) if the offence concerned is a Category 1 offence or a Category 2 offence.

(1A) Proceedings for an offence against this Act may also be brought by an Australian legal practitioner authorised in writing to represent a person who is authorised under this section to bring the proceedings.

(2) An authorisation under subsection (1) (b) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.

(3) The secretary of an industrial organisation of employees can bring proceedings for a Category 1 offence or a Category 2 offence only if the regulator has (after referral of the matter to the regulator and the Director of Public Prosecutions under section 231) declined to follow the advice of the Director of Public Prosecutions to bring the proceedings.

(4) The regulator must issue, and publish on the regulator's website, general guidelines for or in relation to--

(a) the prosecution of offences under this Act, and

(b) the acceptance of WHS undertakings under this Act.

(5) Nothing in this section affects the ability of the Attorney General or the Director of Public Prosecutions to bring proceedings for an offence against this Act.

(6) The court before which proceedings for an offence against this Act are brought by the secretary of an industrial organisation of employees must not direct that any portion of a fine or other penalty imposed in the proceedings be paid to the prosecutor (despite section 122 of the Fines Act 1996 ).