Cause to prosecute
Workplace Health and Safety Queensland actively draws public attention to individuals and organisations it successfully prosecutes for breaching the Workplace Health and Safety Act 1995 (PDF, 766 KB).
The Workplace Health and Safety Enforcement Framework (PDF, 52 KB) outlines the prosecution policy as well as the enforcement options and investigation policy.
Prosecuting obligation holders aims to provide a powerful deterrent to others. It draws attention to the consequences of workplace health and safety violations and the importance of healthy, safer workplaces.
Workplace Health and Safety Queensland aims to ensure prosecution activity is strategically focused and targeted for maximum impact. A decision to prosecute is based on an assessment of:
- the nature of the non-compliance
- the obligation holder’s performance
- government priorities.
Priority will also be given to prosecuting offences relevant to:
- target industries
- poor performing firms
- injury types.
Three key issues to be considered before legal action is taken are:
- the case to answer
- the prospect of conviction
- the public interest.
Other circumstances for prosecution include:
- an inspector alleges a repeat of the same offence
- an inspector alleges a person has been advised of the requirement of the legislation and has still failed to comply
- alleged failure to comply with an improvement or prohibition notice
- alleged offences relating to inspectors’ powers, obstruction and false or misleading documents or information.
Last updated February 10, 2006