SafeWork NSW Defence Lawyer Sydney for Businesses, Directors and Officers
Contacted by a SafeWork NSW inspector, issued with a notice or served with court documents? Speak with Eric before you respond. Eric advises and defends NSW businesses and their officers from the first inspector visit through to Court.
Phone, video and in-person consultations. Monday to Saturday.
- Former Principal Lawyer at SafeWork NSW
- More than 10 years of court experience
- Eric handles your matter personally, from first contact to Court
Has SafeWork NSW Contacted You or Your Business?
Many SafeWork NSW matters are shaped long before Court: by the first response, the first interview and the first documents handed over. It is common for a business to provide more than a request legally requires, and that material can later be relied on as evidence.
Before you answer an inspector, attend an interview or produce records, you should understand what SafeWork NSW is investigating, what you are legally required to provide and how your response may affect your position.
Speak With Eric Before You Respond
This does not mean ignoring SafeWork NSW or refusing to cooperate. It means getting advice so you can respond properly.
- Review the notice or request
- Identify important deadlines
- Confirm what you must legally provide
- Respond properly
Have You Received Any of the Following?
Choose what has happened and send Eric the details. He will tell you what needs attention first.
Inspector Contact or Visit
An inspector has called, attended your workplace or asked for information.
Improvement Notice
You have been directed to fix an alleged contravention by a set date.
Prohibition Notice
An activity has been stopped because of an alleged serious risk.
Request for Documents
You have been asked to produce records, policies, procedures or reports.
Interview Request
A director, manager, supervisor or worker has been asked to be interviewed.
Serious Incident
SafeWork NSW is investigating a serious injury, death or dangerous incident.
Penalty Notice
The business or an individual has received an on-the-spot fine.
Court Attendance Notice
A summons, Court Attendance Notice or prosecution brief has been served.
What Is at Stake: SafeWork NSW Penalties in 2026–27
NSW has some of the highest work health and safety (WHS) penalties in Australia. Maximum penalties under the Work Health and Safety Act 2011 (NSW) are set in penalty units and indexed every financial year. From 1 July 2026, one penalty unit is $128.36.
| Offence | Company (body corporate) | Director, officer or sole trader | Other individuals, such as workers |
|---|---|---|---|
| Industrial manslaughterGrossly negligent conduct that causes a death (s 34C) | $20 million | 25 years imprisonment | Applies to businesses and officers only |
| Category 1Reckless or grossly negligent conduct that exposes a person to a risk of death or serious injury (s 31) | $11,606,824 | $2,413,809 or 10 years imprisonment | $1,160,117 or 10 years imprisonment |
| Category 2Failing a WHS duty and exposing a person to a risk of death or serious injury (s 32) | $2,326,910 | $465,433 | $232,716 |
| Category 3Failing to comply with a WHS duty (s 33) | $779,145 | $155,829 | $77,914 |
| Offence | Company (body corporate) | Individual |
|---|---|---|
| Not complying with a prohibition noticeWHS Act s 197 | $773,754 | $154,802 |
| Not complying with an improvement noticeWHS Act s 193 | $389,700 | $77,914 |
| Not notifying SafeWork NSW of a notifiable incidentWHS Act s 38 | $77,914 | $15,531 |
| Not preserving an incident siteWHS Act s 39 | $77,914 | $15,531 |
| Hindering or obstructing an inspectorWHS Act s 188 | $77,914 | $15,531 |
| Giving false or misleading informationWHS Act s 268 | $77,914 | $15,531 |
The consequences go beyond the fine
A criminal conviction
A WHS prosecution is a criminal proceeding. A conviction can be recorded against the company, its officers or both.
WHS fines cannot be insured
It is an offence to take out, or benefit from, insurance or an indemnity that covers a WHS fine (s 272A). The business or individual pays.
Further court orders
On top of a penalty, the Court can make adverse publicity orders, restoration orders, WHS project orders, training orders and injunctions.
Personal exposure for officers
Directors and officers have their own due diligence duty and can be prosecuted personally, separately from the company.
Work can stop immediately
A prohibition notice can halt an activity on the spot until the alleged risk is fixed, with real operational and financial cost.
Time limits are not a safe harbour
Since the 2025 reforms, the Court can allow a prosecution to be brought outside the usual limitation period if it is in the interests of justice.
These are maximum penalties for the 2026–27 financial year as published by SafeWork NSW. The actual penalty in any case is decided by the Court on the facts and is usually well below the maximum. Sources: SafeWork NSW, Penalties for WHS offences; SafeWork NSW, Industrial manslaughter; SafeWork NSW, Legislation; Work Health and Safety Act 2011 (NSW).
The outcome is often shaped before Court
Eric will identify the immediate issues, important deadlines and the information needed to properly assess your position.
How a SafeWork NSW Defence Lawyer Can Help
Eric acts from the first inspector contact through to the end of Court proceedings, for businesses, directors, officers and individuals.
Investigation Advice
What SafeWork NSW is looking at, how the investigation works and your immediate position.
Requests for Information
What has been requested, what you must provide, the deadline and how to respond properly.
Interviews and Statements
Advice for directors, managers and workers before any interview, and representation where appropriate.
Improvement and Prohibition Notices
What the notice requires, compliance, review options and the risk of not complying.
Penalty Notices
Whether to pay, seek a review or have the matter decided by a Court.
Director and Officer Liability
Advice for officers personally exposed to allegations about due diligence.
WHS Prosecutions
Testing the prosecution case, advising on options and preparing your defence strategy.
Court Representation
Contested hearings, pleas and sentencing. Eric will represent you in Court.
Why Businesses Choose
Eric Navea
SafeWork NSW matters involve technical evidence and serious consequences. You need someone who knows how the regulator builds a case.
Inside Knowledge of SafeWork NSW
As a former Principal Lawyer at SafeWork NSW, Eric understands what investigators look for, how evidence is assessed, when matters escalate and how prosecutions are prepared.
More Than 10 Years in Court
Eric brings more than a decade of prosecution and courtroom experience to the defence of your matter.
Your Matter, Handled by Eric
You deal directly with Eric throughout. No palming off to junior lawyers, whether you are a sole trader or a large operator.
Strategy From Day One
Eric will identify the immediate issues, important deadlines and the information needed to properly assess your position.
Clear Advice Before Decisions
You will understand the allegations, your options and the recommended strategy before making important decisions.
Investigation to Courtroom
Eric will deal directly with the regulator or prosecutor, advise you throughout the investigation and represent you in Court.
What Happens When You Contact Eric?
A clear process, so you always know where your matter stands.
Assess the immediate situation
Eric reviews the correspondence, identifies deadlines and explains what needs an immediate response.
Protect your position
Advice on document requests, interviews, inspector enquiries and what you are required to provide.
Review the evidence
Eric examines the alleged duty, the risk, the evidence and whether each element can be proved.
Advise on your options
You understand the allegations, your possible exposure and the recommended strategy.
Deal with SafeWork NSW
Eric communicates with the regulator or prosecutor and negotiates where appropriate.
Represent you in Court
If proceedings start, Eric prepares your case and defends the allegations in Court.
Can a Director or Officer Be Personally Prosecuted?
Yes. A SafeWork NSW investigation can involve the business, individual officers or both. Officers have a personal duty to exercise due diligence to ensure the business complies with its WHS duties, and can face personal liability if they fail to do so.
The interests of a company and an individual are not always the same. Do not assume the company’s lawyer also protects your personal position. Eric will identify who needs representation and whether separate advice is required.
Due diligence includes taking reasonable steps to:
- Keep up to date with WHS matters
- Understand the business’s operations, hazards and risks
- Ensure appropriate resources and processes are available and used
- Ensure safety information is received and acted on
- Ensure there are processes for complying with WHS duties
- Verify those resources and processes are being used
Source: SafeWork NSW, Directors and officers and Due diligence.
Who Eric Represents and the Matters He Handles
Eric acts across NSW for businesses of every size, from sole traders to large operators, and the people who run them.
Businesses
- Companies and other PCBUs
- Construction and trades
- Transport and logistics
- Manufacturing and warehousing
- Property and facilities
- Other NSW employers
Individuals
- Directors and company officers
- Business owners and sole traders
- Executives and managers
- Supervisors
- Contractors
- Workers facing allegations
Incidents and allegations
- Serious injuries and fatalities
- Falls from heights
- Plant, machinery and forklift incidents
- Electrical and crush injuries
- Unsafe systems of work
- Training, supervision and consultation failures
PCBU means a person conducting a business or undertaking, the main duty holder under the WHS Act. Also see Eric’s Heavy Vehicle Law and Chain of Responsibility services for transport businesses.
SafeWork NSW Frequently Asked Questions
What should I do if a SafeWork NSW inspector contacts my business?
Find out what the inspector is asking for and any deadline. Keep relevant records and do not ignore the inspector or any notice. Get legal advice before giving a detailed response or attending an interview.
Do I have to give SafeWork NSW documents or information?
It depends on the request and the power being used. Some requests are compulsory and failing to comply is an offence, while others are voluntary. Get advice on what is actually required before you respond.
What is the maximum penalty for a WHS offence in NSW?
For 2026–27, the highest penalty for a Category 1 offence is $11,606,824 for a company and $2,413,809 or 10 years imprisonment for an officer or individual PCBU. Industrial manslaughter carries up to $20 million for a company and 25 years imprisonment for an individual. See the penalty table above.
What is industrial manslaughter in NSW?
Industrial manslaughter commenced in NSW on 16 September 2024. A business or officer commits the offence if grossly negligent conduct breaches a WHS duty owed to a person and causes that person’s death.
Can a director be prosecuted personally?
Yes. Officers have a personal duty to exercise due diligence. Whether an individual is exposed depends on their role, conduct and the circumstances.
Can SafeWork NSW prosecute a company?
Yes. SafeWork NSW can prosecute businesses and individuals for alleged breaches of WHS laws where it considers prosecution appropriate. SafeWork NSW prosecutions.
What is the difference between an improvement notice and a prohibition notice?
An improvement notice requires an issue to be fixed within a set time, and work can usually continue. A prohibition notice can stop an activity immediately where an inspector believes there is a serious risk. Both carry significant penalties if not complied with. SafeWork NSW notices.
Can a SafeWork notice be reviewed?
Certain inspector and regulator decisions can be reviewed, but strict time limits apply. Get advice as soon as you receive the notice. SafeWork NSW internal review.
Should I pay a SafeWork penalty notice or take it to Court?
You can pay the penalty notice, which finalises the matter, or elect to have it decided by a Court. A review request goes to Revenue NSW first. Paying is not always the right choice, so get advice before the due date.
Can my business insure against a SafeWork fine?
No. It is an offence under the WHS Act to enter into or benefit from insurance or an indemnity that covers a WHS fine.
Can Eric represent me in Court?
Yes. Eric represents clients in SafeWork NSW and WHS prosecutions, including contested hearings, pleas and sentencing.
When should I contact a lawyer?
As early as possible, particularly after a serious incident, an inspector visit, a request for documents or an interview, a notice, or receipt of Court documents.
Related Guides
Practical guides from Eric Navea on SafeWork NSW notices and workplace safety laws.
Latest SafeWork NSW Articles
Practical guides from Eric Navea for NSW businesses, directors and officers dealing with SafeWork NSW.
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Facing a SafeWork NSW Investigation or Prosecution?
If SafeWork NSW has contacted your business, issued a notice or served Court documents, speak with Eric before making important decisions.
Request a Confidential Consultation
This page is general information only and is not legal advice. It was last reviewed in October 2026. Penalty amounts are indexed each financial year and the law may change. Get advice about your specific circumstances.