NTIn ForceAct
Work Health and Safety (National Uniform Legislation) Act 2011
231AReferral to Director of Public Prosecutions
Start here
Get a plain-English read of 231A
Turn the raw legal text into a practical explanation grounded in Work Health and Safety (National Uniform Legislation) Act 2011.
231A Referral to Director of Public Prosecutions
(1) The regulator must seek the views of the Director of Public
Prosecutions on the merits of a prosecution if:
(a) the regulator is considering bringing proceedings in respect of
a death for:
(i) a Category 1, Category 2 or Category 3 offence; or
(ii) industrial manslaughter; or
(b) the regulator receives a request under section 231 for the
prosecution of an offence in respect of a death.
(2) In seeking the views of the Director of Public Prosecutions, the
regulator must give the Director of Public Prosecutions a copy of
any relevant information and evidence the regulator may have,
including a copy of any request.
(3) Within 25 business days after receiving the material under
subsection (2), the Director of Public Prosecutions must give the
regulator the Director's views on the following:
(a) the merits of a prosecution for the offence referred or for any
other offence in respect of the death;
(b) whether the Director consents to a prosecution under
section 231B.
(4) Despite subsection (1), the regulator need not seek the views of the
Director of Public Prosecutions on the merits of a prosecution in
respect a death that was previously referred under this section,
unless there are new facts or new evidence to justify the referral.