When is an undertaking enforceable

An enforceable undertaking rather than a prosecution will only be accepted if it demonstrates three main principles:. When a proposed enforceable undertaking is accepted, any legal proceedings connected to the alleged contravention are discontinued. Where legal proceedings have not been started, acceptance of the undertaking means no proceedings will be started as long as the undertaking is not contravened.

We've alleged WHS breaches on a construction site following a worker falling from scaffolding and being injured. Rather than facing a prosecution through the courts, we agree with the business that they will carry out substantial activities so that the incident doesn't happen again, and to improve its overall safety performance. This is only an example of the types of activities which might be agreed.

Every enforceable undertaking is different. To find out more about enforceable undertakings or to engage our pre-proposal advisory service, email enforceable.

Undertakings may be withdrawn at any time before being accepted by us. After being accepted however, the WHS undertaking may only be varied or withdrawn with prior written agreement. Previous menu EPA fees. Previous menu Permissions. Previous menu Business forms and tools. Main menu Report litter and pollution. Previous menu Report odour. Previous menu Litter from vehicles. Previous menu Report smoky vehicles.

Previous menu Report illegal waste disposal. Main menu About EPA. Previous menu What we do. Previous menu Laws and regulations. Previous menu Our programs and projects. Previous menu Governance. Previous menu Who EPA works with. Previous menu EPA's environmental performance. Previous menu News, updates and student resources.

Previous menu Contact us. How we administer the adventure activities regime. Remedial action policy. Reviews policy. Worker engagement, participation and representation policy. Other sentencing options policy: Options for non-financial court orders. How we use search warrants and production orders.

Decision-making framework: How we decide to invest in standard projects. Policy clarification: Existing LPG installations. Hazardous substances emergencies. Hazardous substances disposal controls and ecotoxic controls. Policy clarification: What is hazardous waste and what we expect of you. Policy clarification: Meeting the duty to indicate the presence and location of asbestos at work. Dealing with earthquake-related health and safety risks: information for PCBUs and building owners.

Policy clarification: Amusement devices. Policy clarification: Storing Class 6 and 8 Hazardous Substances. Policy clarification: Crush protection devices on quad bikes. Policy clarification: Information for people building a house or working on their own home. Policy clarification: Notification requirements for events arising from medical treatment. Policy clarification: Residential and in-home care. Policy clarification: Carrying passengers on single seat quad bikes. Policy clarification: Residential landlords and asbestos.

Fit and proper person assessment. Compliance certifier audit. Authorising compliance certifiers. Controlled substances licences. Authorising test stations, recognised inspection agencies and cylinder matching. Endorsing guidance and education products policy. Investigation of hazardous substances authorisations.

Consultation policy. Cost recovery. Referring to standards in regulation and guidance. Policy clarification: Public railways. Visitors at work. Officers' due diligence. Working with other businesses.