An enforceable undertaking, also known as a work health and safety (WHS) undertaking, is one of the options available to NT WorkSafe to promote compliance with WHS laws. A person can propose an enforceable undertaking to NT WorkSafe as an alternative to facing prosecution for contravening or allegedly contravening the Work Health and Safety (National Uniform Legislation) Act, with the exception of a category one offence.
An enforceable undertaking is a legally-binding agreement between NT WorkSafe and the person who proposed the undertaking. Once accepted by NT WorkSafe, the enforceable undertaking requires the person to carry out the specific activities outlined in the undertaking.
The activities proposed in the enforceable undertaking should improve not only the health and safety at the workplace, but also deliver health and safety initiatives to the relevant industry and the broader community.
When a proposed undertaking is accepted, any legal proceedings connected to the alleged contravention are stopped. Where legal proceedings have not started, acceptance of the undertaking will mean that no proceedings will commence.
An enforceable undertaking:
An enforceable undertaking must contain the following information:
The enforceable terms that are part of the undertaking include:
NT WorkSafe will monitor compliance with the terms of the undertaking.
For more information, contact NT WorkSafe.
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NT WorkSafe is a division of the Department of Attorney-General and Justice
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