Occupational Health and Safety Act 2004

If you believe that a prosecution is appropriate in your workcover
claim and it has not been bought against your employer by worksafe,
YOU can request that, it be handed to the Department of Public
Prosecutions for their consideration.

Section 131. Procedure if prosecution is not brought

(1) If—

(a) a person considers that the occurrence of an act, matter or thing constitutes
an offence against this Act; and

(b) no prosecution has been brought in respect of the occurrence of the act,
matter or thing within 6 months of that occurrence— the person may request in
writing that the Authority bring a prosecution.

(2) Within 3 months after the Authority receives a request it must—

(a) investigate the matter; and

(b) following the investigation, advise (in writing) the person whether a prosecution
has been or will be brought or give reasons why a prosecution will not be brought.

(3) 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.

(4) The Director of Public Prosecutions must consider the matter and advise
(in writing) the Authority whether or not the Director considers that a
prosecution should be brought.

(5) The Authority must ensure a copy of the advice is sent to the person who
made the request and, if the Authority declines to follow advice from the
Director of Public Prosecutions to bring proceedings, the Authority must give
the person written reasons for its decision.


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(6) The Authority must include in its annual report, and publish on its website,
a statement setting out—

(a) the number of requests received by the Authority under sub-section (1); and

(b) the number of cases in which the Authority has advised under sub-section
(2)(b) that a prosecution has been or will be brought, or will not brought; and

(c) the number of cases in which the Director of Public Prosecutions has advised
under sub-section (4) that a prosecution should be brought or should not be
brought.

132. Limitation period for prosecutions
Proceedings for an indictable offence against this Act may be brought—

(a) within 2 years after the offence is committed or the Authority becomes aware
the offence was committed; or

(b) at any time with the written authorisation of the Director of Public Prosecutions.

"Mandatory investigations" Section 131 of the Occupational Health and Safety Act - 2004

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