Proceedings for an offence against the Act may be brought by the regulator or an inspector authorised in writing by the regulator. The Director of Public Prosecutions is also not prevented from bringing proceedings. Prosecution is a discretionary action, in respect to which a decision is made on the basis a number of factors set out in the prosecution guidelines issued by the regulator for each jurisdiction.

There are time limits for commencing prosecutions, however in certain circumstances involving “fresh evidence” these may be extended in relation to Category 1 offences. Precisely how a work health and safety prosecution will be commenced and conducted differs between the jurisdictions, depending on their criminal practice and procedure rules.

In the case of multiple contraventions, the common law rule against duplicity is modified such that more than one contravention of one health and safety duty provision by a person in the same factual circumstances may be charged as a single offence or as separate offences.

Provision is made in the Model Act for a procedure via which a person who “reasonably considers that the occurrence of an act, matter or thing constitutes a Category 1 offence or a Category 2 offence” can request a review of the regulator’s decision not to prosecute. Following such a review, if the regulator still does not intend to prosecute, the person may further request for the matter to be referred to the Director of Public Prosecutions.

See Prosecutions generally.

In addition to the statutory penalty for an offence (ie the fine or imprisonment), one or more other sentencing options may also be imposed by the court on an offender. These include orders in relation to adverse publicity, restoration, community service, court-ordered undertakings, injunctions and training.

See Sentencing options.