On 1 June 2003, the Queensland Government introduced a new enforcement mechanism under the Workplace Health and Safety Act 1995 - the enforceable undertaking.
It is now three years on and this article will look at the operation and effect of enforceable undertakings in Queensland and how employers can use this mechanism to avoid prosecution for a breach of the Act.
What is an enforceable undertaking?
An enforceable undertaking is a written undertaking given by a person who is alleged to be in breach of the Act which is approved by the Director-General of the Department of Industrial Relations.
One of the primary benefits of enforceable undertakings to persons who are facing prosecution for a breach of the Act is that, if approved, the Director-General must discontinue any proceeding that was commenced for the alleged breach and must not commence any proceeding for the alleged breach in the future.
