77Institution of proceedings

#### 77 Institution of proceedings (1) Proceedings for a breach of this Act or the regulations may be instituted by Comcare or by an investigator. (2) A health and safety representative for a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if: (a) a period of 6 months has elapsed since the act or omission occurred; and (b) the health and safety representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and (c) proceedings in respect of the breach have not been instituted. (2A) An employee representative in relation to a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if: (a) a period of 6 months has elapsed since the act or omission occurred; and (b) the employee representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and (c) proceedings in respect of the breach have not been instituted; and (d) an employee included in the group requests the employee representative to request Comcare to institute the proceedings. (2B) A request under subsection (2) or (2A) must be in writing. (3) Comcare must, within 3 months after receiving a request under subsection (2) or (2A), advise the health and safety representative or the employee representative, as the case may be, whether proceedings under subsection (1) have been or will be instituted or give reasons why such proceedings will not be instituted.