sec.118CProcedure if prosecution not brought

sec.118C Procedure if prosecution not brought

This section applies if— a person reasonably considers that an act or omission constitutes a serious offence under section 118 (8) ; and no prosecution has been brought in relation to the act or omission; and the following period has elapsed from when the act or omission happened— if the act or omission constitutes an offence against part 4A —at least 6 months; otherwise—at least 6 months but no more than 12 months. The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission. Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating— whether the investigation of the act or omission is complete; and if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution. Also, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must— advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request. The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought. The WHS prosecutor must give a copy of the advice under subsection (5) to— the person who made the request under subsection (2) ; and any other person whom the person mentioned in paragraph (a) believes committed the serious offence. If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) . s 118C ins 2020 No. 10 s 96 amd 2020 No. 14 s 32 ; 2024 No. 34 s 131 (sec.118C-ssec.1) This section applies if— a person reasonably considers that an act or omission constitutes a serious offence under section 118 (8) ; and no prosecution has been brought in relation to the act or omission; and the following period has elapsed from when the act or omission happened— if the act or omission constitutes an offence against part 4A —at least 6 months; otherwise—at least 6 months but no more than 12 months. (sec.118C-ssec.2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission. (sec.118C-ssec.3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating— whether the investigation of the act or omission is complete; and if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution. (sec.118C-ssec.4) Also, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must— advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request. (sec.118C-ssec.5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought. (sec.118C-ssec.6) The WHS prosecutor must give a copy of the advice under subsection (5) to— the person who made the request under subsection (2) ; and any other person whom the person mentioned in paragraph (a) believes committed the serious offence. (sec.118C-ssec.7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .