ARTICLE · 08 JUNE 2006

Enforceable Undertakings - An Alternative For WH&S Enforcement

Clayton Utz

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On 1 June 2003, the Queensland Government introduced a new enforcement mechanism under the Workplace Health and Safety Act 1995 - the enforceable undertaking.

AustraliaEmployment and HR

Hedy Meggiorin

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Key Point

An enforceable undertaking's benefits can include time and cost savings of court proceedings, and avoiding adverse publicity which might result from those proceedings, payment of penalties and a blemished safety record.

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.

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