Qld WHS Prosecutor to handle serious RHS prosecutions

As of 1 July 2020, serious Resources Safety and Health (RSH) prosecutions in Queensland will be referred to the independent Work Health and Safety (WHS) Prosecutor, Aaron Guilfoyle, following the proclamation of recent legislative amendments. Guilfoyle has welcomed the new arrangements, stating that he is looking forward to working with the new regulator, and other key stakeholders.

“I am confident my office is well positioned to provide an efficient and effective prosecution service for serious resources safety and health offences. We will be focused on timeliness in the prosecution of these offences, including the newly enacted industrial manslaughter offences,” Guilfoyle said. An independent regulator, Resources Safety and Health Queensland (RSHQ) has been established to regulate safety and health in the resources sector, with a new Commissioner for Resources Safety and Health. “Through our work, we’re aiming to help improve safety and reduce serious injuries and fatalities in the Queensland resources sector,” Guilfoyle said.

Serious RSH prosecutions already underway are being transferred to the WHS Prosecutor and, from here on in, RSHQ will refer briefs of evidence to the Office of the WHS Prosecutor (OWHSP) in all future serious offence prosecutions. The change to this prosecution process follows amendments to the Coal Mining Safety and Health Act 1999, the Explosives Act 1999, the Mining and Quarrying Safety and Health Act 1999 and the Petroleum and Gas (Production and Safety) Act 2004.

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