WCV's: If you are an injured worker or their representative and you
have had problems getting worksafe to listen to you about your claim !
Then this process may just be what your'e looking for.
Where the VWA has not brought prosecution proceedings within
six months of an alleged offence, any person may request that the
VWA bring a prosecution.
In 2007/08, there were 13 requests for investigation under section
131(1) of the OHS Act (reportable under section 131(6)(a)).
Within three months of the request being made, the VWA must advise
the person in writing whether prosecution proceedings will be brought.
Twelve investigations pursuant to this section were completed during
the year. On eleven occasions the VWA determined not to prosecute,
one matter was forwarded directly to the Director of Public Prosecutions
for consideration, and one matter is still being investigated.
If the Authority advises the person that a prosecution will not be brought,
the Authority must refer the matter to the Director of Public Prosecutions
if the person requests (in writing) that the Authority do so.
In 2007/08, the Director of Public Prosecutions provided advice on
three matters following referral by the Authority.
On two matters the Director of Public Prosecutions advised that a
prosecution should be brought and in one matter a prosecution
should not be brought.
Ref: VWA Annual Report, 2008
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