The enforceable undertaking process : QUBE Ports Pty Ltd v Chief Executive Department of Justice and Attorney-General [2012] QCA 285

In P&O Automotive & General Stevedoring Pty Ltd v Chief Executive Department Justice and Attorney General [2011] QSC 417 Martin J held that the decision to accept or refuse an enforceable undertaking under the provisions of the Workplace Health and Safety Act 1995 was not subject to judicial review. Martin J held that such a decision could not be subject to judicial review as its nature was such as to be prosecutorial. This note examines the Court of Appeal's decision reversing the trial judge's characterisation of the nature of the decision.