Legal Advice in Workcover Prosecutions:

The WorkCover Authority of New South Wales (WorkCover) conducts prosecutions for breaches of work health and safety laws. WorkCover exercises various powers and authorities and has duties and functions under the legislative framework for work health and safety and workers compensation in NSW. An experienced Employment Lawyer could be immensely useful in advising you if you are involved in a WorkCover prosecution.

The framework of Workplace health and safety laws includes Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011 (NSW) and the ‘National Compliance and Enforcement Policy’. Other relevant laws in which a workplace may be subjected to in terms of health and safety include Explosives Act 2003, Workers Compensation Act 1987, the Workplace Injury Management and Workers ,Compensation Act 1998, the Workers’ Compensation (Dust Diseases) Act 1942, the Workers ,Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, Sporting Injuries Insurance Act 1978, Rural Workers Accommodation Act 1969, Dangerous Goods (Road and Rail Transport) Act 2008 and the associated regulations.

WorkCover has four main aims in the exercise of its duties, to include prosecutions which are The prevention of workplace injury and illness, Sustainable return to work, Low premiums and  Sound financial management and system financial viability. Comprehensive and detailed legal advice from an Employment Lawyer can assist you in understanding in your obligations and  rights in a WorkCover prosecution.

Prosecution in a court for an offence under the WHS legislation or the workers compensation legislation is one of several options available to WorkCover. Prosecution is a discretionary action as not every breach of the laws passed by Parliament is automatically prosecuted, some may be dealt with in alternative methods such as a penalty notice. The main focus is the public interest. Prosecution of significant cases include cases involving fatalities and incidents of serious injury where potential risks to health and safety are high Workcover has wide- ranging powers  when engaging in a prosecution, this may include serving notices to produce to compel production of relevant documents, taking statements, involving a coroner and a coronial inquest in the event of a fatality. Before any prosecution is considered, there must be enough evidence to establish a prima facie case, therefore prosecutions often involve the gathering of extensive evidence before they are commenced.

There a multiple categories of offence and these are namely Category 1 offence – Reckless conduct, Category 2 offence – failure to comply with health and safety duty, Category 3 offence – failure to comply with health and safety duty. Prosecutions may be conducted by the regulator, an inspector with the written authorisation of the regulator, by the secretary of an industrial organisation of employees. Our team of highly skilled Employment Solicitors may be able to assist you understanding and managing the legal implications of any Workcover Prosecutions.

If you seek further assistance or legal advice with Workcover Prosecutions, please contact our firm on (02) 9233 4048 or email info@navado.com.au and arrange to speak to one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.