Northern Territory Numbered Acts

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WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 84

Court's power on releasing defendant on recognisance

    (1)     If a court finds a person guilty of an offence against this Act, but releases the defendant on a bond under section 11 of the Sentencing Act , the conditions of the bond may include 1 or both of the following:

    (a)     a remedial measures condition;

    (b)     a training condition.

    (2)     A remedial measures condition is a condition requiring the defendant to take specified measures for improving standards of occupational health and safety at a particular workplace.

Example

A remedial measures condition might require the defendant to:

(a)     engage a consultant, approved by the Authority, to advise on and assist with occupational safety; and

(b)     develop and implement a systematic approach to managing risks to health or safety that may arise in the conduct of the defendant's business; and

(c)     arrange for the carrying out of an independent audit of the health and safety measures for the defendant's business by a person approved by the Authority.

    (3)     A training condition is a condition requiring the defendant to undertake a specified course of training.

    (4)     A condition under this section may include incidental provisions such as a requirement to provide the Authority with specified evidence of compliance.



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