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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 23 April 2017 at 18:01)
Part 13 Division 2
Division 2 Sentencing for offences
234   Application of this Division
This Division applies if a court convicts a person, or finds a person guilty (the offender), of an offence against this Act.
235   Orders generally
(1)  One or more orders may be made under this Division against the offender.
(2)  Orders may be made under this Division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
236   Adverse publicity orders
(1)  The court may make an order (an adverse publicity order) in relation to the offender requiring the offender:
(a)  to take either or both of the following actions within the period specified in the order:
(i)  to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter,
(ii)  to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter, and
(b)  to give the regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.
(2)  The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.
(3)  If the offender fails to give evidence to the regulator in accordance with subsection (1) (b), the regulator, or a person authorised in writing by the regulator, may take the action or actions specified in the order.
(4)  However, if:
(a)  the offender gives evidence to the regulator in accordance with subsection (1) (b), and
(b)  despite that evidence, the regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order,
the regulator may apply to the court for an order authorising the regulator, or a person authorised in writing by the regulator, to take the action or actions.
(5)  If the regulator or a person authorised in writing by the regulator takes an action or actions in accordance with subsection (3) or an order under subsection (4), the regulator is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the regulator.
237   Orders for restoration
(1)  The court may order the offender to take such steps as are specified in the order, within the period so specified, to remedy any matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.
(2)  The period in which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of that period.
238   Work health and safety project orders
(1)  The court may make an order requiring the offender to undertake a specified project for the general improvement of work health and safety within the period specified in the order.
(2)  The order may specify conditions that must be complied with in undertaking the specified project.
239   Release on the giving of a court-ordered WHS undertaking
(1)  The court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions (a court-ordered WHS undertaking).
(2)  A court-ordered WHS undertaking must specify the following conditions:
(a)  that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned,
(b)  that the offender does not commit, during the period of the adjournment, any offence against this Act,
(c)  that the offender observes any special conditions imposed by the court.
(3)  An offender who has given a court-ordered WHS undertaking under this section may be called on to appear before the court by order of the court.
(4)  An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance.
(5)  If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered WHS undertaking, it must discharge the offender without any further hearing of the proceeding.
240   Injunctions
If a court finds a person guilty of an offence against this Act, the court may issue an injunction requiring the person to cease contravening this Act.
Note.
 An injunction may also be obtained under section 215 for noncompliance with a non-disturbance notice, improvement notice or prohibition notice.
241   Training orders
The court may make an order requiring the person to undertake or arrange for one or more workers to undertake a specified course of training.
242   Offence to fail to comply with order
(1)  A person must not, without reasonable excuse, fail to comply with an order under this Division.
Maximum penalty:
(a)  in the case of an individual—$50,000, or
(b)  in the case of a body corporate—$250,000.
(2)  Subsection (1) places an evidential burden on the accused to show a reasonable excuse.
(3)  This section does not apply to an order or injunction under section 239 or 240.