Enforceable undertakings - General guidelines for applicants
Proposal of an enforceable undertaking
An undertaking may be proposed by a person, who has or is alleged to have contravened the ACT's Work Health and Safety Act 2011. WorkSafe ACT is not compelled to accept an undertaking.
Meetings between WorkSafe ACT and the person proposing the undertaking are available to assist the person to determine if a work, health and safety undertaking is likely to be a suitable option and if it is pursued the process for its consideration. These meetings are encouraged as a first step before proposing an undertaking.
When WorkSafe ACT receives a proposed undertaking any injured person(s) associated with the contravention or alleged contravention are invited to comment.
ACT Enforceable Undertaking Proposal Template (DOC 73KB) or ACT Enforceable Undertaking Proposal Template (PDF 299KB)
Evaluation of an enforceable undertaking
Proposals are considered on a case by case basis and are judged by whether the proposal offers the most appropriate enforcement response for the circumstances of the case.
The evaluation process takes into account the:
- proposed work, health and safety undertaking's merits and benefits;
- person's financial ability to meet the terms of the proposed undertaking;
- significance of the commitment compared to the capability of the person;
- person's compliance history;
- support the person has provided to injured person(s);
- input from injured person(s); and
- likely outcome should the matter be dealt with through legal proceedings.
Penalties for non-compliance
If an accepted work, health and safety undertaking is not complied with, WorkSafe ACT may apply for a court order to enforce compliance and impose financial penalties. The maximum penalty for failure to comply with a work, health and safety undertaking is $50,000 for an individual or $250,000 for a body corporate. WorkSafe ACT may also seek to prosecute the original contravention or alleged contravention.
Variation or withdrawal
Undertakings may be withdrawn at any time prior to being accepted by WorkSafe ACT. After being accepted however, the work, health and safety undertaking may only be varied or withdrawn with the prior written agreement of WorkSafe ACT.
More information
For further information on the acceptance of enforceable undertaking under the WHS Act see the Work Health and Safety (WHS Undertakings) Guidelines 2020.
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