Judicial review of enforceable undertakings under the Workplace Health and Safety Act 1995

Enforceable undertakings for breaches of the Workplace Health and Safety Act 1995 (Qld) became available as alternatives to prosecution under the Act on 1 June 2003. This article examines the recent Queensland Supreme Court decision of BBC Hardware Ltd v Henneken [2006] QSC 149 (22 June 2006) where the Supreme Court was requested to examine the conduct of the Director-General of the Queensland Department of Industrial Relations in refusing to accept an enforceable undertaking proposed by BBC Hardware Limited. The decision represents the first judicial consideration of the administrative process behind the Department's enforceable undertaking regime.