Court process

Prosecutions commenced by the Work Health and Safety Prosecutor (WHSP) are heard in the following courts:

Magistrates Courts for:

  • The hearing of all summary offences under the:
    • Work Health and Safety Act 2011 (including category 2 and 3 offences)
    • Electrical Safety Act 2002
    • Safety in Recreational Water Activities Act 2011 
    • Explosives Act 1999
    • Petroleum and Gas (Safety and Production) Act 2004
    • Coal Mining Safety and Health Act 1999
    • Mining and Quarrying Safety and Health Act 1999
  • committals in relation to indictable offences of negligent or reckless conduct – category 1 and industrial manslaughter under the:
    • Work Health and Safety Act 2011
    • Electrical Safety Act 2002
    • Safety in Recreational Water Activities Act 2011 
  • committals in relation to industrial manslaughter under the:
    • Coal Mining Safety and Health Act 1999
    • Explosives Act 1999
    • Mining and Quarrying Safety and Health Act 1999
    • Petroleum and Gas (Safety and Production) Act 2004
  • contraventions of enforceable undertakings
  • contraventions of a civil penalty provision.

The District Court of Queensland for:

  • indictable offences of negligent or reckless conduct – category 1 and industrial manslaughter under the:
    • Work Health and Safety Act 2011
    • Electrical Safety Act 2002
    • Safety in Recreational Water Activities Act 2011 
  • indictable offences of industrial manslaughter under the:
    • Coal Mining Safety and Health Act 1999
    • Explosives Act 1999
    • Mining and Quarrying Safety and Health Act 1999
    • Petroleum and Gas (Safety and Production) Act 2004

Court process

Once the complaint has been laid, the court will govern the course the matter will take. This will depend on the court and what approach the parties take to the matter (e.g. if the defendant chooses to enter a guilty plea or seeks to adjourn the matter to a later date and time)

If the defendant enters a plea of guilty to the offence, the court will hear submissions from the parties and make a determination in relation to the appropriate sentence. 

If the defendant enters a plea of not-guilty, the matter is listed for hearing. Depending on the matter, a hearing may take a day, several days or longer and may be split during a period of weeks or months (e.g. the matter may be part heard in May and then adjourned until August for further hearing). How long it takes, and when it is heard, will depend upon the individual matter, as well as the availability of courts and the parties.

If a matter proceeds to hearing, the court may choose to deliver its decision on the final day of the hearing or may reserve the decision for a later time.

Steps in the court process

Category 1 and Industrial Manslaughter offences are crimes and proceed by way of a committal hearing in the Magistrates Court. If it is determined that there is a case to answer, an indictment will then be presented in the District Court of Queensland. Trials of these matters are heard before a judge and a jury.

Summary offences (those other than category 1 or Industrial Manslaughter) are dealt with in the Magistrates Courts and are heard and determined by a single Magistrate.

Matters which were commenced by way of in the Industrial Magistrates Court prior to 4 September 2024, will remain in the jurisdiction of the Industrial Magistrates Court.

A Magistrate or Judge can make a variety of orders that relate to a case at any stage in the proceedings, for example, they can make orders requiring the exchange of material between the parties, adjourn the matter to another date and time, or set the matter down for trial.

When a matter is first before a Magistrates Court this may be referred to as the 'first mention' or ‘first return' of the matter.

Sentencing options

A range of sentencing options is available to Magistrates or Judges in Queensland under the WHS Act and Penalties and Sentences Act 1992 (the Penalties Act), including:

  • imprisonment
  • monetary fines
  • probation
  • community service
  • a good behaviour bond
  • restitution.

The WHS Act also provides for:

  • adverse publicity orders
  • restoration orders
  • training orders
  • court-ordered WHS undertakings
  • work health and safety project orders.

Upon convicting a defendant of a summary offence under the Coal Mining Safety and Health Act 1999, Explosives Act 1999, Mining and Quarrying Safety and Health Act 1999 and Petroleum and Gas (Safety and Production) Act 2004, a Magistrate may also order:

  • that the person convicted pay the prosecution’s reasonable costs of investigating, and preparing for the prosecution of, the offence
  • the forfeiture of anything used to commit the offence.

Additionally, upon convicting a defendant of a summary offence under the either the Coal Mining Safety and Health Act 1999 or Mining and Quarrying Safety and Health Act 1999, a Magistrate may, on application by the WHSP, order that a certificate of competency or site senior executive notice be suspended or cancelled.

Appeals

Appeals from decisions made by a Magistrates Court (summary matters) are usually brought pursuant to section 222 of the Justices Act 1886 and heard by a single judge of the District Court of Queensland. Appeals from District Court decisions relating to indictable offences (category 1 offences and industrial manslaughter) are made to the Queensland Court of Appeal.

Pursuant to the Justices Act 1886, the applicable period for parties to appeal a decision in a summary matter is one month from the order (or in the case of indictable offences, pursuant to section 671 of the Criminal Code, one calendar month).

Records of court process and decisions

Decisions handed down by the Magistrates Court of Queensland are usually not published by the Court. Transcripts of court proceedings, including sentencing remarks, can be purchased from Auscript via 1800 287 274. Judgments from appeal decisions are usually published on the Queensland Supreme Court Library website.

Recording of convictions

The Magistrate or Judge determining a matter has the discretion to record or not record a conviction in accordance with section 12 of the Penalties and Sentences Act 1992.