Requests for prosecutions
Section 231(1) of the Work Health and Safety Act 2012 allows a person who reasonably considers that a certain offence has been committed but where no prosecution has been brought, to ask the appointed regulator (the General Manager, WorkSafe) in writing to bring a prosecution. The request can only be made if no prosecution has been brought between six and twelve months after the event has occurred.
Section 231 only applies to Category 1 or 2 offences, which are the most serious criminal offences under the Work Health and Safety Act 2012. These offences are provided for under sections 31 and 32 of the Work Health and Safety Act 2012 respectively.
A Category 1 offence occurs when a person has a health and safety duty, and without reasonable excuse engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and the person is reckless as to the risk to an individual of death or serious injury or illness.
A Category 2 offence occurs where a person has a health and safety duty and fails to comply with that duty, and the failure exposes an individual to a risk of death or serious injury or illness.
There is a further category of offence, Category 3, which occurs where a person has a health and safety duty and the person fails to comply with the duty. The Category 3 offence is not covered by section 231 of the Work Health and Safety Act 2012.
How do I make a request?
Any such request should refer to section 231 of the Work Health and Safety Act 2012 and state that it is a request under that section. To assist the regulator in assessing and progressing your request you should set out the facts of the event, including the date, place and names of the people concerned, and the nature of the offence you believe has occurred. The request should identify the person you believe committed the offence.
The request should also include your contact details.
The request must be in writing. The request must be made to the regulator after 6 months but not later than 12 months after the act, matter or thing has occurred.
A request for the regulator to commence a prosecution should be sent to:
The General Manager
PO Box 56
ROSNY PARK TAS 7018