Questions and answers

If I make a request will my details remain confidential?

Your details will be kept confidential to the extent required and permissible by law. Section 271 of the Work Health and Safety Act 2012 titled "Confidentiality of Information" outlines requirements and provisions as it relates to the protection and use of information.

To properly investigate some matters it may be necessary to disclose to another person some of the details of the information you have provided, therefore your identity may become known.

If I make a request how long will it take to receive a response?

The regulator must provide a written response to a request within three months, and must advise you whether the investigation is complete, and if it is complete whether a prosecution will be brought.

If the decision has been made not to bring a prosecution, you must be told the reasons for that decision.

What happens if I am told that the investigation is not complete?

If a request is made within the specified time (i.e. between 6 and 12 months of the alleged offence) and the investigation is not complete, the regulator will advise the applicant in writing of that fact and also undertake to inform the applicant when the investigation is complete and of its decision to prosecute.

What happens if I make a request to commence a prosecution at the time an Enforceable Undertaking proposal is under consideration?

The regulator will not enter into any proposed Enforceable Undertaking until such time as the request under section 231 of the Work Health and Safety Act 2012 has been assessed and determined.

What can I do if the regulator advises me that it has decided not to prosecute an offence, but I still think that there should be a prosecution?

If the regulator informs you that it has decided not to bring a prosecution for a Category 1 or 2 offence, you will be advised you that you may ask for the matter to be referred to the Director of Public Prosecutions (DPP) for consideration.

If you make a request in writing for the matter to be referred to the DPP, the regulator must refer the matter to the DPP within one month of your request.

A request for the regulator to refer a matter to the DPP should be sent to:

The General Manager
PO Box 56

If the DPP advises that a prosecution should be brought, does the regulator have to prosecute?

No. If the regulator declines to follow the DPP's advice to bring proceedings, it must give written reasons for the decision. The reasons must be given to the applicant who made the request and the person who the applicant believes committed the offence.

If the regulator declines to follow the DPP's advice that a prosecution should be brought, can anyone else prosecute?

Yes. The DPP has a general power to bring proceedings for an offence against the Act if it believes it is necessary.