Work Health and Safety Prosecutions Review

WorkSafe ACT engaged an independent reviewer, Marie Boland, to review the current legislative, policy and operational framework used in the Australian Capital Territory (ACT) to initiate, run, and manage WHS prosecutions (the Review).

The review was conducted in two stages.

During first stage of the review, preliminary consultations were undertaken and WHS laws, jurisdictional models in other states and previous reviews on WorkSafe ACT’s approach were considered to prepare the Discussion Paper and the Terms of Reference.

In the second stage of the review, we invited you to examine the key issues and concerns raised in the Discussion Paper and provide your written feedback.

Marie delivered the Final Report – Conduct of WHS Prosecutions in the ACT (the Report) which includes her recommendations to the WHS Commissioner in June 2022.

The recommendations have now been released and are available at WHS Prosecutions Review Recommendations.

Read the Final Report - Conduct of WHS Prosecutions in the ACT June 2022 and WorkSafe ACT Response - Conduct of Work Health and Safety Prosecutions Review.

Timeline

Early May 2022               Distribution of Discussion Paper and invitation to provide feedback

May-June 2022               Consultation and consideration of feedback

30 June 2022                  Delivery of Final Report with recommendations to the WHS Commissioner

21 July 2022                    Release of WHS Prosecutions Review Recommendations

August 2022                    Final Report to be provided to WHS Council for information

March 2023                     Release of WHS Prosecutions Review Report and WorkSafe ACT's response