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Workplace prosecutions - publishing policy

Prosecution outcomes and other enforcement information

Scope

This policy details the Department of Justice and Attorney-General's approach to publishing information arising from workplace health and safety, electrical safety and industrial relations investigation and enforcement activities, in particular prosecutions and enforceable undertakings. This policy should be read in conjunction with the following departmental policies:

• Queensland Workplace Health and Safety, Electrical Safety and Dangerous Goods Safety Management Compliance and Enforcement Policy 2009 (PDF, 517 KB)
• Private Sector Industrial Relations Enforcement Framework (PDF, 58 KB)
• Enforceable Undertakings
  • Information for applicants (PDF, 130 KB)
• Information Release for applicants through Freedom of Information legislation, Administrative Release Policy, and Information Privacy Principles

 

Purpose of publishing information

Publishing prosecution-related information and enforceable undertakings encourages compliance with Queensland’s workplace health and safety, electrical safety and industrial relations laws by:

• educating obligation holders and the community about the consequences of non-compliance and the need for real and sustainable improvement in safety practices in Queensland workplaces to reduce the toll from work-related death, injury and illness; and to protect individuals, families and the community from deaths, injuries and property loss caused by electricity.
• educating employers, workers and the community generally about the consequences of non-compliance with Queensland industrial relations laws.
• enhancing deterrence by ensuring others in the same and similar industries are aware of the consequences of non-compliance and how to prevent similar breaches
• educating obligation holders and the community about the role and functions of the department in fostering fair, safe and productive workplaces.

 

Publishing principles

The department endeavours to ensure that all information it publishes is accurate, impartial and balanced, and encourages compliance with Queensland’s workplace health and safety, electrical safety and industrial relations laws.

The department draws public and media attention to factual information about charges which have been laid before the courts, but takes great care to avoid any publicity which could prejudice a fair trial.

The department also strives to ensure the information it publishes is not defamatory, does not violate the rule and conventions relating to sub -judice , or in any other way prejudices the fair hearing or objectivity required in such matters.

 

Publishing methods

The department publicises prosecution-related information and enforceable undertakings by a variety of methods including:

• Website
• Media statements: The department issues media releases and responds to media enquiries, including on occasion granting media interviews to print, broadcast and online media outlets.
• Conferences and Public Forums: Departmental representatives participating in public forums such as safety conferences disseminate appropriate information and statistics on prosecutions and enforceable undertakings.
• Publications: The department publishes a wide variety of printed publications or printable versions of online publications which contain relevant information on prosecutions and enforceable undertakings, including brochures, newsletters and the Annual Report.
• Research: The department collects and publishes data and statistics on notices issued, fines imposed, successful prosecutions and accepted enforceable undertakings.

 

Approach to public comment and publishing of information

 

Investigations: The department, if requested, will confirm the start of an investigation to clarify factual and procedural matters and to avoid speculation in the media.

The department generally will not comment on the specifics of an ongoing investigation.

To protect the privacy of people involved in workplace incidents involving safety issues no personal identifying information is released publicly except as part of a legal proceeding.

Comment on court proceedings prior to their resolution will generally only be made in relation to particular steps in the court process.

The department will also, from time to time as it deems appropriate, publish relevant information such as industry alerts on urgent safety prevention issues.

Prosecution and trial: Information released by the department in relation to the issuing of charges, the start of prosecution proceedings, or trial will generally be in response to a media enquiry, but may also be by issuing a media release and posting information to the website. Information issued is confined to stating facts only.  

Identifying information of the defendant(s) will be published, but none relating to any injured persons, or involved third parties will be released. Any description of the incident will be factual, brief and in no way suggest that the charges are well-founded, infer guilt or are likely to succeed or not.

Guilty finding: Upon a finding of guilt by the court, the department may publish identifying information in relation to the defendant(s), the offence, the penalty imposed and related matters. General comment may also be made about relevant systemic or industry issues such as the prevalence of a risk or hazard, methods for its control, or prevalence of a particular industrial practice.

Where charges are not proven: Where the alleged offender is found not guilty at trial or the charges are withdrawn, the department may publish identifying information in certain circumstances such as to clarify the status of proceedings (e.g. where requested by the person who has been found not guilty or against whom charges have been withdrawn). Such information will be limited to information that is already in the public domain as a result of the prosecution process.

Appeals:

Where a finding is under appeal: The words “under appeal” will be highlighted in the information posted to the website as soon as the department receives official written notification of the appeal having been lodged. 

Where a conviction is overturned on appeal: All information on the case will be withdrawn from the department’s website as soon as the department receives official written notification of the judgement quashing the conviction.

Where a sentence is overturned on appeal: Any change to the sentence as a result of an appeal will be indicated in the information posted to the website as soon as the department receives official written confirmation.

Penalties imposed

Queensland’s workplace health and safety, electrical safety and industrial relations laws give the courts considerable scope to punish offenders and to deter others, including imprisonment for some offences.

The department publishes the maximum penalties presently available to the courts under the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulation 1997, the Electrical Safety Act 2002 and the Industrial Relations Act 1999.

The department will not comment on penalties imposed in specific cases by magistrates in proceedings heard before the Industrial Magistrates Court or the Queensland Industrial Court.

However, it will continue to seek to raise courts’ awareness of the gravity of safety and industrial relations offences and of the full extent of their sentencing powers while recognising that it is for the courts to decide whether or not someone is guilty and what penalty if any to impose on conviction.

Public register of prosecutions and enforceable undertakings

All prosecutions which result in a successful conviction and in respect of workplace, health and safety and electrical safety breaches all applications for enforceable undertakings in lieu of prosecution accepted by the department will be published on the department’s website and listed in its Annual Report.

Publishing of information on the website aims to provide ease of access and enables the department to readily link to a variety of useful information that can help educate on how to improve systems and work practices to prevent similar breaches.

What information is published on the register and for how long?

The department prosecutes companies and individuals for breaches of health and safety, electrical safety and industrial relations laws so identifying details of both companies and individuals who are defendants will be published.

Cases involving the prosecution of companies, individuals, and the self-employed will appear on the website for five years and will then be removed and archived in the Prosecutions History Database.

Cases against individuals under the age of 18 will appear on the website but will not include identifying details.

What information is not published on the register?

Examples of information that may not be published includes information about:

• Breaches which did not lead to a court case and were dealt with using other enforcement options including infringement, improvement and prohibition notices. However, public comment may be made on occasion if it is deemed to be in the public interest.
• Unsuccessful cases i.e. where the court decided the department had not proven its case and ruled in favour of the defendant.
• Cases where a conviction was overturned on appeal.

 

The department enforces workplace health and safety, electrical safety and industrial relations legislation that covers most industry sectors in Queensland. The department does not publish information related to prosecutions outside of its jurisdiction.

Enforceable undertakings

Given that the usual alternative to offering an enforceable undertaking for workplace health and safety and electrical safety breaches may have involved potential publication of an adverse finding by a court, the department makes the subject and terms of an enforceable undertaking public.

Enforceable undertakings are made public through a register on Workplace Health and Safety Queensland and through advertising in relevant newspapers. Accepted enforceable undertakings will appear on the website for five years.

Some information may not be published including information that:

• is considered to be personal
• may be commercial in confidence
• should not be disclosed because its release would be contrary to the public interest
• is deemed to carry legal professional privilege.

 

If information is deleted for any reason, the copy of the undertaking made available on the website will include the reason that certain information has been deleted.

The department may choose to issue a media release when an enforceable undertaking is accepted.

Obtaining more details

• Obtaining more information on published prosecutions can be made through either the department’s Administrative Release of Information policy or an Freedom of Information Application.

 

Complaints about published information

The department has a formal complaint management policy and process in place to ensure that complaints are addressed appropriately. The policy aims to promote public confidence in the department by ensuring openness and transparency in handling complaints about its services and/or products.

Privacy

Prosecutions outcomes and details of enforceable undertakings are published in accordance with the department’s Privacy Plan. If an individual considers that the department has not dealt with their personal information in accordance with privacy principles, they are entitled to lodge a complaint.