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Enforcement

When a company breaches the OPGGS Act, its regulations, or one of its accepted permissioning documents then NOPSEMA may take enforcement action to rectify the breach, hold the responsible parties to account, and/or provide deterrence to the industry.

Typically, enforcement action is taken based on information discovered during an inspection or following an investigation into a reported notifiable incident, workforce complaint or information provided by a third- party.

There are a range of enforcement actions available to NOPSEMA enabling it to select an appropriately proportionate, targeted and effective measure to pursue. This includes issuing an improvement or prohibition notice, requesting a revision or withdrawing acceptance of a key permissioning document, issuing a direction or pursuing prosecution.

Where NOPSEMA takes enforcement action it does so in a transparent, efficient and consistent manner according to the principles of procedural fairness.

In 2018–19, NOPSEMA took 29 enforcement actions comprising 16 improvement notices, 4 requests to revise a key permissioning document, 7 general directions, 1 prohibition notice and 1 prosecution brief. NOPSEMA also took non-statutory compliance action comprising 5 written advice/warnings.

During the reporting period, NOPSEMA issued 29 enforcement actions. Compared to the 19 enforcement actions taken in 2017–18, this reflects an increase of 53 per cent.

Figure 10: Enforcement actions 2018–19

This figure is a pie chart breakdown of the enforcement actions in 2018-19. It shows there were 19 enforcement action including 1 prosecution brief, 4 requests to revise a permissioning document, 7 general directions, 1 prohibition notice, 8 improvement notices.

Figure 11: Enforcement actions 2014–15 to 2018–19

This figure is a table showing NOPSEMA's enforcement actions from 2014-15 to 2018-19.

Table 4: Enforcement actions 2014–15 to 2018–19

Enforcement action

2014–15

201516

201617

201718

201819

Prosecution brief

0

0

1

0

1

Intent to withdraw acceptance of a permissioning document

0

0

1

0

0

Request revision to a permissioning document

1

2

4

6

4

General direction

0

1

1

4

7

Prohibition notice

1

4

2

1

1

Improvement notice

19

15

23

8

16

Total

21

22

32

19

29