sec.837Proceedings for offences

### sec.837 Proceedings for offences A charge for an offence against this Act, other than an offence against chapter 11 , part 1AA , must be heard and decided summarily. A proceeding for an offence against a provision of chapter 7 , 8 , 9 or 10 , or a provision of chapter 11 , part 1AA , may only be taken by— 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 proceedings in any case where the court amends the charge, warrant or summons. A proceeding for an offence against this Act must start within the later 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, 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 841J 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 (6) does not apply to a proceeding for an offence against chapter 11 , part 1AA . 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. In this section— serious offence means— an offence against chapter 9 if the act or omission that constitutes the offence caused any of the following circumstances— the death of, or grievous bodily harm to, more than 1 person; the death of, or grievous bodily harm to, only 1 person; the exposure of anyone to a substance likely to cause death or grievous bodily harm; bodily harm; or an offence against chapter 11 , part 1AA ; or an offence prescribed by regulation for this paragraph. s 837 amd 2009 No. 16 s 82 ; 2011 No. 2 ss 121 , 122 sch ; 2014 No. 64 s 233 ; 2019 No. 7 s 269 ; 2020 No. 10 s 125 ; 2020 No. 14 s 204 ; 2024 No. 34 s 251 (sec.837-ssec.1) A charge for an offence against this Act, other than an offence against chapter 11 , part 1AA , must be heard and decided summarily. (sec.837-ssec.2) A proceeding for an offence against a provision of chapter 7 , 8 , 9 or 10 , or a provision of chapter 11 , part 1AA , may only be taken by— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor. (sec.837-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.837-ssec.4) An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings. (sec.837-ssec.5) An authorisation under subsection (3) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons. (sec.837-ssec.6) A proceeding for an offence against this Act must start within the later 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, 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 841J 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.837-ssec.7) Subsection (6) does not apply to a proceeding for an offence against chapter 11 , part 1AA . (sec.837-ssec.8) 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.837-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.837-ssec.10) In this section— serious offence means— an offence against chapter 9 if the act or omission that constitutes the offence caused any of the following circumstances— the death of, or grievous bodily harm to, more than 1 person; the death of, or grievous bodily harm to, only 1 person; the exposure of anyone to a substance likely to cause death or grievous bodily harm; bodily harm; or an offence against chapter 11 , part 1AA ; or an offence prescribed by regulation for this paragraph. - (a) if the offence is a serious offence—the WHS prosecutor; or - (b) otherwise—the CEO or the WHS prosecutor. - (a) 2 years after the offence first comes to the notice of the complainant; - (b) if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened; (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; (iii) the CEO agrees under section 841J to the withdrawal of the enforceable undertaking; - (i) the enforceable undertaking is contravened; - (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; - (iii) the CEO agrees under section 841J to the withdrawal of the enforceable undertaking; - (c) 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. - (i) the enforceable undertaking is contravened; - (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; - (iii) the CEO agrees under section 841J to the withdrawal of the enforceable undertaking; - (a) an offence against chapter 9 if the act or omission that constitutes the offence caused any of the following circumstances— (i) the death of, or grievous bodily harm to, more than 1 person; (ii) the death of, or grievous bodily harm to, only 1 person; (iii) the exposure of anyone to a substance likely to cause death or grievous bodily harm; (iv) bodily harm; or - (i) the death of, or grievous bodily harm to, more than 1 person; - (ii) the death of, or grievous bodily harm to, only 1 person; - (iii) the exposure of anyone to a substance likely to cause death or grievous bodily harm; - (iv) bodily harm; or - (b) an offence against chapter 11 , part 1AA ; or - (c) an offence prescribed by regulation for this paragraph. - (i) the death of, or grievous bodily harm to, more than 1 person; - (ii) the death of, or grievous bodily harm to, only 1 person; - (iii) the exposure of anyone to a substance likely to cause death or grievous bodily harm; - (iv) bodily harm; or