sec.118Proceedings for offences

sec.118 Proceedings for offences

A charge of an offence against this Act, other than an offence against part 4A , must be heard and decided summarily. A proceeding for an offence against this Act may only be taken on the complaint of— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor. However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2) (b) . An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings. An authorisation under subsection (3) is sufficient authority to continue a proceeding if 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 . A proceeding may be started within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, within 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 123F to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death. Subsection (7) does not apply to a proceeding for an offence against part 4A . Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act. In this section— serious offence means— an offence against section 32 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 4A ; or an offence prescribed by regulation for this paragraph. s 118 sub 2009 No. 16 s 31 amd 2010 No. 17 s 42 ; 2020 No. 10 s 95 ; 2020 No. 14 s 31 ; 2024 No. 34 s 130 (sec.118-ssec.1) A charge of an offence against this Act, other than an offence against part 4A , must be heard and decided summarily. (sec.118-ssec.2) A proceeding for an offence against this Act may only be taken on the complaint of— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor. (sec.118-ssec.3) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2) (b) . (sec.118-ssec.4) An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings. (sec.118-ssec.5) An authorisation under subsection (3) is sufficient authority to continue a proceeding if the court amends the charge, warrant or summons. (sec.118-ssec.6) 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.118-ssec.7) A proceeding may be started within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, within 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 123F to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death. (sec.118-ssec.8) Subsection (7) does not apply to a proceeding for an offence against part 4A . (sec.118-ssec.9) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act. (sec.118-ssec.10) In this section— serious offence means— an offence against section 32 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 4A ; or an offence prescribed by regulation for this paragraph.