* This order relates to a project for the general improvement of OHS.
** As part of an enforceable undertaking, the court may impose specific conditions on the offender that are similar in nature to the conditions that may be attached to remedial orders in other jurisdictions.
Remedial orders and corporate probation orders require action by an offender to rectify deficiencies. As the Queensland Government pointed out,323 this might entail internal discipline, reform of internal structures, processes and practices, or an order to develop and implement an effective OHSMS. Adverse publicity orders are seen as an effective deterrent, with considerable implications for an offender’s corporate reputation. They draw public attention to the particular wrong doing and the measures that are being taken to rectify it. Community service orders require the offender to initiate or participate in activities that benefit the community, with a particular focus on improving OHS. Training orders allow the Court to require action be taken by an offender to develop necessary skills to manage OHS effectively. Injunctions are a powerful tool for ensuring compliance with the relevant duties.
Enforceable undertakings are now available under several OHS Acts, but as their availability does not always depend on a decision by a court or tribunal, they are not addressed here. They will be considered in our second report.
