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ARTICLE · 31 JULY 2024

Court ruling clarifies WHS prosecution timing

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Recent court decision puts in doubt limitation period for commencing a prosecution.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
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An important decision from the Court of Criminal Appeal in New South Wales has put in doubt whether the two-year limitation period for commencing a prosecution in harmonised work health and safety (WHS) jurisdictions starts from the date of an incident, if the regulator was previously aware of the same risk of injury at the site of the person conducting a business or undertaking (PCBU).

In Prime Marble & Granite Pty Ltd v SafeWork NSW (2024), the Court of Criminal Appeal heard an appeal from the District Court's decision which allowed a prosecution to proceed against Prime Marble for the deaths of two workers who were exposed to unsafe levels of respirable crystalline silica (RCS) between 2017 and 2018.

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