Chapter heading 1

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Other limitation periods

NSW	2 years – OHS Act 2000 (NSW) – s.107	6 months (certain offences) – OHS Act 2000 (NSW) – ss.107, 107A	Within 2 years of coroner’s report (or the conclusion of a coronial inquest or inquiry) in which offence has been found – OHS Act 2000 (NSW) – s.107
Vic	2 years – OHS Act 2004 (Vic) - s.132	N/A	At any time with written authorisation of DPP – OHS Act 2004 (Vic), s.132
Qld	1 year – WHS Act 1995 (Qld) – s.165	6 months - WHS Act 1995 (Qld) – s.165	N/A
WA	3 years – OSH Act 1984 (WA) – s.52	N/A	N/A
SA	2 years – OHSW Act 1986 (SA) – s.58	N/A	DPP may extend time period on specified grounds years – OHSW Act 1986 (SA) – s.58
Tas	N/A	12 months – WHS Act 1995 (Tas) – s.55	N/A
NT	3 years – WHS Act 2007 (NT) – s.80	N/A	N/A
ACT	As for other summary offences
Cwth			Civil proceedings for a ‘declaration of contravention’ or a ‘pecuniary penalty order’ must be brought within 6 years after the alleged breach – OHS Act 1991 (Cwth), Schedule 1, cl.6.

Non-compliance with a duty of care might also amount to a contravention of the general criminal law. Depending on the nature of the offence, a prosecution may still be brought despite the expiry of the limitation period for proceedings under an OHS Act.

Stakeholder views

Although the submissions generally supported limitation periods, there were quite different views about what they should be. Various time limits were proposed from six months to three years.

Discussion

Providing for limitation periods in relation to prosecutions for non-compliance with duties of care balances the interests of the community and the individual fairly. We have considered the various provisions that currently exist and the submissions that were put to us. We recognise the importance from the point of view of a duty holder of having proceedings brought and resolved quickly. At the same time, this must be balanced by the need to ensure that the regulator has sufficient time to investigate a matter thoroughly so that a sound case may be brought, if that is ultimately decided upon.
We have not made a recommendation in relation to allowing prosecutions to be brought out of time (e.g. where authorised by the DPP) as we consider that there is sufficient time allowed in the periods that we recommend. Nonetheless, if there were examples of its use in a way that takes the objectives of OHS regulation forward, we would understand why it might be adopted.

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