You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2011 - 10)
Skip contents
Work Health and Safety Act 2011 No 10
Current version for 8 June 2017 to date (accessed 23 June 2017 at 04:43)
Part 13 Division 7
Division 7 WHS civil penalty provisions
254   When is a provision a WHS civil penalty provision
(1)  A subsection of Part 7 (or a section of Part 7 that is not divided into subsections) is a WHS civil penalty provision if:
(a)  the words “WHS civil penalty provision” and one or more amounts by way of monetary penalty are set out at the foot of the subsection (or section), or
(b)  another provision of Part 7 specifies that the subsection (or section) is a WHS civil penalty provision.
(2)  A subclause of the regulations (or a clause of the regulations that is not divided into subclauses) is a WHS civil penalty provision if:
(a)  the words “WHS civil penalty provision” and one or more amounts by way of monetary penalty are set out at the foot of the subclause (or clause), or
(b)  another provision of the regulations specifies that the subclause (or clause) is a WHS civil penalty provision.
255   Proceedings for contravention of WHS civil penalty provision
Subject to this Division, proceedings may be brought in the Local Court or the District Court against a person for a contravention of a WHS civil penalty provision.
256   Involvement in contravention treated in same way as actual contravention
(1)  A person who is involved in a contravention of a WHS civil penalty provision is taken to have contravened that provision.
(2)  A person is involved in a contravention of a civil penalty provision if, and only if, the person:
(a)  has aided, abetted, counselled or procured the contravention, or
(b)  has induced the contravention, whether by threats or promises or otherwise, or
(c)  has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention, or
(d)  has conspired with others to effect the contravention.
257   Contravening a civil penalty provision is not an offence
A contravention of a WHS civil penalty provision is not an offence.
258   Civil proceeding rules and procedure to apply
A court must apply the rules of evidence and procedure for civil proceedings when hearing proceedings for a contravention of a WHS civil penalty provision.
259   Proceeding for a contravention of a WHS civil penalty provision
(1)  In a proceeding for a contravention of a WHS civil penalty provision, if the court is satisfied that a person has contravened a WHS civil penalty provision, the court may:
(a)  order the person to pay a monetary penalty that the court considers appropriate, and
(b)  make any other order that the court considers appropriate, including an injunction.
(2)  A monetary penalty imposed under subsection (1) must not exceed the relevant maximum amount of monetary penalty specified under Part 7 or the regulations in relation to a contravention of that WHS civil penalty provision.
260   Proceedings may be brought by the regulator or an inspector
Proceedings for a contravention of a WHS civil penalty provision may only be brought by:
(a)  the regulator, or
(b)  an inspector with the written authorisation of the regulator (either generally or in a particular case).
261   Limitation period for WHS civil penalty proceedings
Proceedings for a contravention of a WHS civil penalty provision may be brought within 2 years after the contravention first comes to the notice of the regulator.
262   Recovery of a monetary penalty
If the court orders a person to pay a monetary penalty:
(a)  the penalty is payable to the State, and
(b)  the State may enforce the order as if it were a judgment of the court.
263   Civil double jeopardy
A court must not make an order against a person under section 259 for contravention of a WHS civil penalty provision if an order has been made against the person under a civil penalty provision under an Act of the Commonwealth or a State in relation to conduct that is substantially the same as the conduct constituting the contravention.
264   Criminal proceedings during civil proceedings
(1)  Proceedings against a person for a contravention of a WHS civil penalty provision are stayed if:
(a)  criminal proceedings are commenced or have already commenced against the person for an offence, and
(b)  the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of the WHS civil penalty provision.
(2)  The proceedings for the order may be resumed if the person is not convicted or found guilty of the offence. Otherwise, the proceedings for the order are dismissed.
265   Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting a contravention of a WHS civil penalty provision regardless of whether an order has been made against the person under section 259.
266   Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
(1)  Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:
(a)  the individual previously gave the information or produced the documents in proceedings against the individual for a contravention of a WHS civil penalty provision (whether or not the order was made), and
(b)  the conduct alleged to constitute the offence is substantially the same as the conduct alleged to constitute the contravention of the WHS civil penalty provision.
(2)  However, this does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the contravention of the WHS civil penalty provision.