What do you need to think about when managing your workplace hazardous substances? Under the Criminal Disclosure Act 2008 (external link) , the prosecutor must provide ‘initial disclosure’ about the allegations (the charging documents, summary of facts and any conviction history) to the defendant at the start of the proceedings. Following an investigation, where an investigator considers that prosecution action is warranted, they will make a recommendation to their manager. Consultations. A trial date is then set and the case proceeds to trial. His decision came after the three companies took steps to improve their health and safety procedures since the accident. After a SafeWork NSW investigation, the defendant, Daniel Rose, was charged with a breach of section 32/19 (1), section 32/19(2) and section 38 of the Work Health and Safety Act 2011. The three defendants had appealed against Justice Francis Cooke’s High Court decision but abandoned their appeal after Rickard-Simms withdrew the charges. The defendant will need to appear in Court on the first appearance date. WorkSafe will provide victims of offending (which includes the immediate family of a deceased person) with information about the filing of charges (or reasons for not filing charges) and the status of court proceedings. If a guilty plea is entered, or if the charge against the defendant is proven at a trial, then a date for sentencing is set. On 25 November 2015, a tree being felled at a private residence fell in an uncontrolled manner, causing significant damage to the roof and front façade of a neighbouring house. They survived a High Court challenge to the June 2018 decision of a District Court judge to allow the filing of the documents that began the private prosecution. The ongoing Court process and timing is covered by the Criminal Procedure Act 2011(external link) and will depend on the details of the particular case. The type of information that is able to be provided will depend on who wants to see it and why. Decisions to prosecute, and whether or not to continue with prosecutions, will be made fairly, consistently and proportionately to the seriousness of the behaviour. Rickard-Simms was satisfied the companies’ actions addressed the public interest in the prosecution, the lawyers said. A second appearance date, which is generally 10 or 15 days after initial disclosure is made, will then be scheduled by the Court. This may be for loss or damage to property, emotional harm, or loss or damage consequential on any emotional or physical harm or loss of/damage to property. … Well done to the CTU. Here we describe the prosecution process, from initiation to publication of Court outcomes.

Regulation 100(1)(d) safety responsibilities of person who carried out work. This is in accordance with WorkSafe’s obligations as a prosecutor under the Victims Rights Act 2002(external link). READ MORE: * Ladder fall victim's private prosecution after WorkSafe refused to charge * Worker injured in Grenada North ladder fall still in intensive care * Worker who fell from ladder in critical condition in Wellington Hospital. Information in relation to a Court file may be obtained through the Ministry of Justice.

Here you can find out more about our prosecution process, and read court summaries of completed prosecutions since we were established in 2013.

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