Defending Worksafe Prosecutions

There are very few law firms with the best experience in handling Worksafe prosecutions.  Sometimes they can be defended, in other cases the work must be done to minimize what can be a very substantial fine.

Our lawyers have handled many complex Worksafe prosecution cases and can provide best practice legal representation in Worksafe cases.

Our rates and fixed prices are lower than the prices charged by many Perth Commercial law firms because we own our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.  

Further information can be found here regarding our fixed fees.

We recently represented a large company in a prosecution by Worksafe under the Occupational Safety and Health Act 1984 for failing to maintain a safe work environment.

The prosecution was commenced after an employee was seriously injured on our client’s premises.

The maximum penalty which could have been imposed against our client was $400,000.

We were successful in arguing that a fine at the lower end of the scale was appropriate. A fine of $75,000 was imposed against our client.

We submitted at the sentencing hearing that a penalty at the low end of the scale should be imposed against our client.

We submitted that: 

  1. Our client had taken all practicable steps to maintain a safe working environment;

  2. Our client entered a guilty plea at the earliest possible opportunity;

  3. There were no prior convictions against our client;

  4. The accident was not foreseeable;

  5. Our client made changes after the accident to ensure another incident of this nature could not occur.

It is important if you receive a Worksafe prosecution notice to contact us immediately. Our experience representing clients in Worksafe prosecutions gives us an understanding of the way the Court deals with these cases which allows us to make strong submissions to ensure the lowest penalty available is imposed against you.