Sometimes a breach of the Act is so serious, or the consequences of it are so significant, that the inspector decides in the public interest to take formal Court action against the offender. This is known as a prosecution.

The inspector has to be able to prove beyond reasonable doubt that the person charged committed the offence. The case is heard and decided by the District Court.

The inspector has to start the proceedings in the District Court within 6 months of the Department of Labour finding out about the offence, or within 6 months of when they should have found out about it (eg, where there was so much media coverage that the Department should have been aware too).

The inspector can't take a prosecution if an infringement notice has already been used instead for the same incident.

Go to:

• Penalties for most offences
• Penalties for knowingly causing serious harm
• Fact sheet: Fine levels pdf file [size: 28KB]