Work Health and Safety Prosecutions

Anderson Fredericks Turner provides advice, guidance and representation to individuals and businesses facing work health and safety investigations or prosecutions.

In Queensland, investigations or prosecutions under the Work Health and Safety Act 2011 or the Electrical Safety Act 2002 can result in penalties that may involve large fines or imprisonment, not to mention reputational damage and other employment law issues. States and Territories throughout Australia share similar laws to Queensland.

Getting advice from experienced and respected lawyers who understand the regulation surrounding workplaces as well as criminal law is invaluable for individuals or business facing investigation or prosecution.  Andrew Anderson and Kerri Fredericks both undertake significant work in employment law and are recommended as among the leading criminal lawyers in Queensland (Doyles Guide, 2018).

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A POINT OF DIFFERENCE

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in criminal law in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors in Queensland, which saw them undertake numerous jury trials, sentences and appeals.

If you want a lawyer who is not still trying to find their feet in court, we have the courtroom expertise to afford you the best defence to a criminal charge.

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Free Case Assessment – Call 1300 AFT LEGAL

Call one of our experienced lawyers for a free, no-obligation initial review of the work health or safety investigation you face. It costs nothing to find out why we are lawyers you can trust.

If you engage our firm, our corporate crime lawyers will assist you every step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities.

  • obtain information that may cast doubt on the credibility or reliability of the allegations.

  • challenge evidence that is unreliable, or seek a case to be dismissed if there has been a violation of rights or an abuse of process.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the interests of a person facing allegations, particularly in relation to work health and safety matters. Contact us for authoritative, precise and thorough assistance.

WHY CHOOSE US

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in criminal law in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors in Queensland, which saw them undertake numerous jury trials, sentences and appeals.

If you want a lawyer who is not still trying to find their feet in court, we have the courtroom expertise to afford you the best defence to a criminal charge.

Read more
Call Us Today

Free Case Review

Call one of our experienced lawyers for a free, no-obligation initial review of the work health and safety investigation you face. 

If you engage us to defend you, our experienced lawyers will assist you ever step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities.

  • obtain information that may cast doubt on the credibility or reliability of the allegations.

  • challenge evidence that is unreliable, or seek a case to be dismissed if there has been a violation of rights or an abuse of process.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the interests of a person facing allegations, particularly in relation to work health and safety matters. Contact us for authoritative, precise and thorough assistance.

To book your free Case Review with one of our criminal lawyers Call Now: 1300 AFT LEGAL (1300 238 534)

Types of Work Health and Safety Breaches

There are a number of laws covering work health and safety breaches in Queensland, including:

  • Work Health and Safety Act 2011

  • Electrical Safety Act 2002

  • Safety in Recreational Waters Activities Act 2011

Each of these laws categorise the offences that deal with failing to comply with work health and safety laws.

The most serious breach is constituted by ‘Industrial Manslaughter’, whereby a person conducting a business or undertaking, or a ‘senior officer’ can be liable for the death of a worker when caused by negligence. An individual convicted of such an offence is liable to up to 20 years imprisonment and in the case of a body corporate a fine of up to $10 million.

From there, breaches of work health and safety duties or breaches of electrical safety duties fall into the following categories:

  • Category 1

  • Category 2

  • Category 3

Category 1 offences may be prosecuted in the District Court of Queensland, whereas Category 2 and 3 offences may be dealt within the Magistrates Court. The maximum fines or imprisonment that may be applicable depend on the category charged, as well as the role of the individual charged.

Workplace regulators may also issue infringement notices, which are on the spot fines that are an alternative to going to court. If the infringement notice is contested, a person may nominate to have the matter dealt with in a court.

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