This independent review considered whether the ACT’s prosecution decision making processes and procedures and the legislative and policy frameworks surrounding them support four key criteria:

• the object of the Work Health and Safety Act 2011 (ACT) (WHS Act) to secure compliance through effective and appropriate compliance and enforcement measures
• the independence and accountability of the WHS Commissioner
• the principles underpinning WorkSafe ACT’s Compliance and Enforcement Policy 2020- 2024 to ensure the highest standard of integrity (including consistency and transparency) in prosecutorial decision making
• the delivery of WorkSafe ACT’s Strategic Plan 2020-2024 to create an exemplary regulator and ensure firm and fair enforcement against non-compliance

The review, completed in June 2022 and released publicly in March 2023, finds that the conduct of WHS prosecutions in the ACT can be improved. Feedback suggested the current framework is not operating at optimum efficiency, effectiveness, transparency, or consistency.