sec.186Prosecutions

### sec.186 Prosecutions Proceedings for an offence against this Act, other than a category 1 offence or an offence against part 2B , must be taken in a summary way under the Justices Act 1886 . Subject to subsection (5) , proceedings for an offence against this Act may only be taken by— the WHS prosecutor; or an appropriately qualified member of the WHS prosecutor’s staff, with the written authorisation of the WHS prosecutor, either generally or in a particular case; or an inspector with the written authorisation of the WHS prosecutor, either generally or in a particular case. An authorisation under subsection (2) (b) or (c) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons. In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 . Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an offence against this Act. s 186 sub 2011 No. 18 s 386 amd 2017 No. 38 s 57 ; 2024 No. 44 s 27 (sec.186-ssec.1) Proceedings for an offence against this Act, other than a category 1 offence or an offence against part 2B , must be taken in a summary way under the Justices Act 1886 . (sec.186-ssec.2) Subject to subsection (5) , proceedings for an offence against this Act may only be taken by— the WHS prosecutor; or an appropriately qualified member of the WHS prosecutor’s staff, with the written authorisation of the WHS prosecutor, either generally or in a particular case; or an inspector with the written authorisation of the WHS prosecutor, either generally or in a particular case. (sec.186-ssec.3) An authorisation under subsection (2) (b) or (c) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons. (sec.186-ssec.4) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 . (sec.186-ssec.5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an offence against this Act. - (a) the WHS prosecutor; or - (b) an appropriately qualified member of the WHS prosecutor’s staff, with the written authorisation of the WHS prosecutor, either generally or in a particular case; or - (c) an inspector with the written authorisation of the WHS prosecutor, either generally or in a particular case.