In an absolute first, and setting an interesting precedent, the
South Australian Parliament has passed legislation to amend the
Work Health and Safety Act 2012 (SA) (WHS Act). The
changes widen the scope for employers to be prosecuted under the
old Occupational Health Safety and Welfare Act 1986 (SA)
(OHSW Act), even where the prosecution would have been out of time
to begin legal proceedings.
The Minister now has the right to extend the two-year time limit
on starting proceedings for a breach of the OHSW Act where earlier
proceedings failed because of technical errors. This is the first
time legislation has been passed to retrospectively overcome failed
prosecutions. As a result, it is not surprising the amendment has
generated significant debate in the community and was opposed by
the Law Society of SA, Business SA and other key groups.
