Mandatory investigations section 131 of the Occupational Health and Safety Act 2004

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.

Accountability of the VWA.
Pursuant to section 20C of the Accident Compensation Act 1985, the VWA
is required to exercise its powers and perform its functions under the Accident
Compensation Act 1985,
The Accident Compensation (WorkCover Insurance) Act 1993,
The Occupational Health and Safety Act 2004,
The Equipment (PublicSafety) Act 1994,
The Dangerous Goods Act 1985,
The Mines Act 1958 and the
The Road Transport (Dangerous Goods) Act 1995
Subject to the general direction and control of the Minister and any specific
written directions given by the Minister.
The Minister cannot give a direction in relation to a specific person.

VWA’s Objectives, Functions and Powers.
The VWA’s primary objectives, functions and powers are found in sections
19, 20, 20A and 20B of the Accident Compensation Act 1985 and sections 7
and 8 the Occupational Health and Safety Act 2004.

These Acts are available on the VWA’s website located at
www.worksafe.vic.gov.au.

Health and Safety.
The VWA is responsible for improving health, safety and welfare in the
workplace under the Occupational Health & Safety Act 2004 and associated
legislation.Information held by the VWA is separated into the categories of
personal or case files, operational and policy files (on legislation or particular
aspects of legislation) and correspondence files. Current files are stored at the
VWA’s office in Exhibition Street, or at one of its regional offices.

Ministerial Directions.
No Ministerial Directions were given under section 20C by the Minister for
Finance, WorkCover and the TAC during the financial year 2007/2008.