Notification of provisional improvement notices

What is the prosecution that can be commenced?

Persons conducting a business or undertaking must provide the regulator with a copy of any provisional improvement notice as soon as practicable after a provisional improvement notice has been issued by a health and safety representative. Failure to do so can result in a penalty.

Who can bring such a prosecution?

Only the regulator or registered organisations that have a member or members concerned in the matter to which the prosecution relates can bring such prosecutions.

What will the Court consider?

In determining whether this charge is made out, the Court will ask:

1. When did the health and safety representative issue a provisional improvement notice to a person conducting a business or undertaking?
2. How quickly was the regulator notified of this?
3. What were the reasons for any delay?

What relief can be granted?

The Court can impose a fine of up to 50 penalty units for this offence.

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

The Court will deal with such prosecutions in the same way as it deals with all prosecutions under the Work Health and Safety Act 2011 (NSW).