The recommendations of the ACT WHS Prosecutions Review are
Efficiency
Recommendation 1: Implement an efficiency performance measure which requires briefs of evidence to be assessed within 120 days of referral.
Effectiveness
Recommendation 2: Implement an effectiveness performance measure which requires 90% of prosecutions to result in a conviction with the conviction rate being the percentage of defendants convicted in prosecutions which proceeded to a decision or verdict.
Data collection and reporting
Recommendation 3: Collect investigation and prosecution timeline data and provide regular reports to the WHS Council on the length of time taken from notification of an incident to filing of charges and on the outcomes of prosecutions.
Recommendation 4: Publish detailed prosecution reports, court summaries and data on the WorkSafe ACT website like the reports and data currently provided by the Office of the WHS Prosecutor in Queensland.
Transparency and consistency
Recommendation 5: Develop a prosecution policy which states clearly how prosecution decisions are made and highlights the breaches expected to result in prosecution action.
Recommendation 6: Incorporate prosecution priorities into the statement of operational intent.
A new model for the ACT
Recommendation 7: Establish an in-house prosecution team comprising one senior prosecutor, two junior prosecutors, a legal graduate, and a paralegal.
Recommendation 8 Amend the Law Officers (General) Legal Services Directions 2012 (ACT) to allow the WHS Commissioner to seek prosecution advice from external counsel without the need for approval from the Chief Solicitor of the ACT.
Recommendation 9 Amend the Law Officers (General) Legal Services Directions 2012 (ACT) to allow the WHS Commissioner to use external counsel to progress WHS prosecutions through the relevant courts.
Recommendation 10 Amend the Law Officers (General) Legal Services Directions 2012 (ACT) to allow the WHS Commissioner to establish an in-house prosecution team within WorkSafe ACT.
Recommendation 11 Ensure that all Industrial Manslaughter offences are prosecuted by the DPP.
Recommendation 12 Amend section 230 of the WHS Act to reflect the original wording of the model WHS Act.
