Australian Capital Territory Numbered Acts

WORKPLACE LEGISLATION AMENDMENT ACT 2022 (NO. 23 OF 2022) - SECT 40

Section 231 (1)

substitute

    (1)     This section applies if—

        (a)     a person—

              (i)     reasonably considers that the occurrence of an act, matter or thing constitutes a category 1 offence or a category 2 offence; or

              (ii)     reasonably considers, from a coronial report or a proceeding at a coronial inquiry or inquest, that a category 1 offence or a category 2 offence has been committed; and

        (b)     no prosecution for the offence has been brought.

    (1A)     The person may make a written request to the regulator that a prosecution be brought.

    (1B)     The request may be made—

        (a)     if subsection (1) (a) (i) applies—at least 6 months but not more than 18 months after the act, matter or thing happens; or

        (b)     if subsection (1) (a) (ii) applies—within 6 months after the day the report is made or the inquiry or inquest ends.

Note     See s 232 in relation to the limitation period for prosecutions.