Most prosecutions are commenced in the Magistrates Court of Queensland by a complaint being laid by the Work Health and Safety Prosecutor (WHSP). Prosecutions under the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 for offences other than Industrial Manslaughter are commenced in the Industrial Magistrates Court of Queensland.
Upon the making of a complaint, the complaint is filed in the registry of the relevant court.
A copy of the complaint and summons is served on the defendant personally or by registered post. The summons details the time and date of the first court appearance, and the location of the court at which the appearance is required.
Reckless conduct – Category 1 and Industrial Manslaughter offences are crimes. They are commenced by way of complaint in the Magistrates Court, before proceeding to committal. The purpose of the committal is for a Magistrate to determine whether there is sufficient evidence to commit the defendant for sentence or trial in the District Court. If the Magistrate makes a committal order, an indictment is presented and the matter proceeds to sentence or trial in the District Court.
The decision to commence proceedings by way of indictment is made by the WHSP. However, consent from the Director of Public Prosecutions to proceed with a prosecution on indictment is obtained subsequent to a committal order and prior to the presentation of an indictment in the District Court.
Time limits for proceedings
Other than for an offence of Industrial Manslaughter, the time for the WHSP to bring charges against a person is limited.
Safety Acts
- within two years after the offence first comes to the notice of the WHSP (or the Regulator in certain circumstances)
- within one year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed
- within six months of a contravention of an enforceable undertaking (or within six months of the regulator becoming aware that the undertaking has been contravened)
- within six months of the regulator agreeing to the withdrawal of an enforceable undertaking in accordance with section 221 of the Work Health and Safety Act 2011
- after the relevant limitation period if, in relation to a reckless conduct – category 1 offence, fresh evidence relevant to the offence is discovered that could not reasonably have been discovered within the relevant limitation period.
Proceedings for a contravention of a civil penalty provision may be brought within two years after the regulator first becomes aware of the contravention.
Resources Safety Acts
Proceedings for an offence under the Coal Mining Safety and Health Act 1999 or the Mining and Quarrying Safety and Health Act 1999 must be brought within the latest of the following:
- within one year after the commission of the offence
- within six months after the offence comes to the notice of the WHSP, but within three years after the commission of the offence
- if the offence involves a breach of an obligation which is investigated by the coroner, within two years after the coroner makes a finding.
Proceedings for an offence under the Petroleum and Gas (Production and Safety) Act 2004 must be brought within the latest of the following:
- within two years after the offence first comes to the notice of the complainant
- if the offence involves a breach of an obligation which is investigated by the coroner, within two years after the coroner makes a finding.
Proceedings for an offence under the Explosives Act 1999 must be brought within the latest of the following:
- within one year after the offence is committed
- one year after the offence comes to the complainant’s knowledge, but within two years after the offence is committed
- if the offence involves a breach of an obligation which is investigated by the coroner, within two years after the coroner makes a finding.