Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_89
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 89
Character Range: 2352790–2354494

89  Institution of prosecutions

NOPSEMA or NOPSEMA inspector may institute prosecutions
 (1) Proceedings for an offence against a listed OHS law may be instituted by NOPSEMA or by a NOPSEMA inspector.

Request to institute prosecutions
 (2) A health and safety representative for a designated work group may request NOPSEMA to institute proceedings for an offence against a listed OHS law 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 an offence against a listed OHS law; and
 (c) proceedings in respect of the offence have not been instituted.
 (3) A workforce representative in relation to a designated work group may request NOPSEMA to institute proceedings for an offence against a listed OHS law 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 workforce representative considers that the occurrence of the act or omission constitutes an offence against a listed OHS law; and
 (c) proceedings in respect of the offence have not been instituted; and
 (d) a group member included in the group requests the workforce representative to request NOPSEMA to institute the proceedings.
 (4) A request under subclause (2) or (3) must be in writing.
 (5) NOPSEMA must, within 3 months after receiving the request, advise the health and safety representative or the workforce representative, as the case may be, whether proceedings under subclause (1) have been or will be instituted and, if not, give reasons why not.