RECOMMENDATION 65
Crown immunity should not be provided for in the model Act.
Limitation periods
Current arrangements
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To balance fairness and the public interest in dealing with non-compliance with the law, OHS legislation provides for periods within which legal action must be taken before the courts. Under the existing OHS Acts, however, the periods within which prosecutions (and in the case of the Commonwealth, civil proceedings) may be brought are inconsistent.
TABLE 17: Periods within which actions may be brought
Jurisdiction
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Time after occurrence of offence within which prosecution must be brought
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Time after matter comes to regulator’s notice within which prosecution must be brought
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