Changes to civil penalty provisions

What is the application that can be made?

Under s 230 of the Work Health and Safety Act 2011 (NSW) (WHS Act), registered organisations can bring proceedings for a contravention of a WHS Act civil penalty provision on behalf of the person affected by the contravention.

The Industrial Court can direct any monetary penalties to be payable to the registered organisation that brought the proceeding: s 262 WHS Act.

Can I make such an application?

Only the regulator, an inspector with the written authorisation of the regulator or registered organisations acting on behalf of the person affected by the contravention can bring such proceedings.

What relief can be granted?

Monetary penalties may be awarded. Such penalties are able to be directed to be payable to the registered organisation that brought the proceeding.

What is the procedure that the Court will adopt to deal with such applications?

The Court will deal with such applications in the same way as it deals with all other contraventions of WHS civil penalty provisions.