SafeWork NSW has Updated its Prosecution Guidelines
website Footer image Background

Terms and Conditions                Privacy Policy

website header image train@courtenell.com.au Courtenell Work Health & Safety Training and Consulting 02 9516 1499
Home About Us     Course Dates All Courses Online Learning Safety Articles Resources Bookings

Courtenell Pty Ltd

as Trustee for the Vowles Family Trust

WHS Training Specialists, Sydney, Australia  

train@courtenell.com.au ~ PO Box 622 Broadway NSW 2007

ABN: 42164393628 ~ ACN: 050109281

SafeWork NSW has Updated its Prosecution Guidelines

Other Articles


Why the Judge Convicted the Officer


Industrial Manslaughter - a New WHS Offence


Why SafeWork NSW Prosecuted the Worker


Achieving WHS Targets


The Power of Surveying WHS in Your Workplace


SafeWork NSW Deserves Applause for WHS Roadmap


The “Adequate Number of Trained First Aiders”


Safe Work Procedures: Improving implementation


How to Demonstrate Compliance with WHS Consultation Requirements


Do PCBUs Have To Train Their Supervisors?


$1.5 million Enforceable Undertaking or Prosecution by SafeWork NSW?



Recommended
Training:

For tailor made onsite training:

Call (02) 9516 1499


Effective Health and Safety Committee Training

(3 Days Public/Onsite Course or Specialised 1 Day Onsite Course)


One Day Specialised WHS Risk Management  For Supervisors & Managers Course


Health and Safety Committee Chairperson Course


Effective Health and Safety Committee Training


Health and Safety Committee Refresher Course


WHS Risk Management


WHS Risk Management for Supervisors and Managers


Law for Officers and Managers


WHS Responsibilities for Supervisors and Managers


Health and Safety Representative Course

Share on LinkedIn Share on Facebook Share on Google Bookmarks Share on Twitter Share on Reddit Share on Tumblr Share via e-mail Print

SafeWork NSW has recently released a publication titled, SafeWork NSW Prosecution Guidelines Jan 2018, that provides you with easy to read guidelines about when, why and who they will prosecute. Safework NSW does not automatically prosecute every breach of WHS legislation. It is one of the options available to them.  

This article looks at the matters that motivate SafeWork to consider and decide to prosecute and who to prosecute. Having some familiarity with this, a PCBU and its Officers and Managers can consider and focus on any priority actions they must take in their workplace to avoid the risk of prosecution.

SafeWork's Decision to Prosecute
If SafeWork NSW became aware that a workplace has breached WHS legislation they will be more likely to prosecute the PCBU, and possibly others involved in the breach, if situations such as those listed below occurred at that workplace:

  • A fatality
  • A serious injury
  • A high risk of serious injury or fatality
  • Prior breaches or convictions of WHS legislation
  • Failing to comply with a Prohibition Notice
  • The workplace is in an industry that SafeWork NSW has on their list of target industries (eg Agriculture, Manufacturing, Government, Transport, Construction, Health Care and Social Assistance).
  • The work activities involve a risk of injury that SafeWork NSW has targeted as a priority (eg musculo-skeletal injuries & illnesses)

The items in the above list and other details can be found in sections 3.4, 3.9 and 3.13 on pages 6 and 7 of Safework NSW Prosecution Guidelines.


Who to Prosecute
The general principles that SafeWork NSW uses to decide who they should prosecute, is set out in sections 3.17, to 3.20 of their Guidelines.

SafeWork NSW can prosecute PCBU’s, Officers, Workers, and Others in the workplace for breaches of WHS legislation. Their policy is to prosecute duty holders including PCBUs and Officers when it is in the public interest to do so. See section 3.9.

SafeWork pays particular to whether the Officer(s) of the PCBU can show that they exercised due diligence to see that the PCBU complied with its WHS duties and obligations.

SafeWork also considers who was primarily responsible for the offence and who was primarily responsible for acts or omissions and circumstances that led to the offence.


Note:
1. You can download a copy of SafeWork NSW Prosecution Guidelines Jan 2018 by copy/pasting this link

http://www.safework.nsw.gov.au/__data/assets/pdf_file/0012/50160/sw-prosecution-guidelines-SW08683.pdf

2. You can copy/paste this link to download a copy of the WHS Roadmap for NSW 2022 that lists SafeWork NSW’s target industries and hazards.

http://www.safework.nsw.gov.au/__data/assets/pdf_file/0006/99123/swnsw-roadmap-8067.pdf

3. This article updates our article of 23/5/16 titled, Avoid WHS Prosecution by SafeWork NSW.





20th February 2018



You are welcome to download and distribute the article in your workplace if you feel it may be useful

Download Article     Download 2018 Training Calendar