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Undertakings list

Comcare previously accepted enforceable undertakings from a duty holder under the Occupational Health and Safety Act 1991 (the OHS Act).  An undertaking was accepted in place of civil proceedings where it was alleged there had been an identified breach of the OHS Act. Enforceable undertakings were also used in appropriate circumstances to adjourn or resolve civil proceedings that were already underway.

Consistent with the provisions of the Work Health and Safety Act 2011 (the WHS Act) and the Comcare Regulation Policy, Comcare may as an alternative to prosecuting a contravention of the WHS Act, accept a written undertaking (a WHS undertaking) from a person who is alleged to have committed the contravention. When a proposed undertaking is accepted, any legal proceedings connected to the alleged contravention are discontinued. Where legal proceedings have not been instituted, acceptance of the undertaking will mean that no proceedings will be commenced.

Below are examples of successfully completed enforceable undertakings accepted by Comcare under the relevant Acts:

Undertakings accepted by Comcare:






Page last updated: 01 Jul 2016