Section 97 — Health and Safety at Work Act 2015: General provisions

97 General provisions (1) Subject to subsections (2) and (3), the bringing of a prosecution under section 90 , 91 , or 92 does not prevent, in respect of the same conduct,— (a) the bringing of a civil proceeding under section 95 ; or (b) the raising of a personal grievance under the Employment Relations Act 2000 . (2) If a District Court orders reparation to be paid under the Sentencing Act 2002 following conviction of a person under section 90 , 91 , or 92 ,— (a) the court may not order compensation to be payable in respect of the same losses in a civil proceeding under section 95 : (b) the Employment Relations Authority or Employment Court may not order compensation to be payable in respect of the same losses in relation to a personal grievance under the Employment Relations Act 2000 . (3) If, in respect of an action referred to in subsection (1)(a) or (b), the court or the Employment Relations Authority or Employment Court orders compensation to be payable for the conduct, the same losses cannot be the subject of an order of reparation under the Sentencing Act 2002 . Compare: Model Work Health and Safety Act (Aust) s 114