SafeWork NSW Defence Lawyer
Workplace Safety
Investigations &
Prosecutions
Former SafeWork NSW Principal Lawyer. Strategic advice and strong representation for businesses, officers and workers facing investigations or prosecution.
Book a confidential consultation
SafeWork NSW investigations and prosecutions can expose a business and its officers to serious legal, financial and reputational consequences. If SafeWork NSW has contacted your business, issued a notice or commenced court proceedings, obtain legal advice before making important decisions.
- More than 10 years of court experience
- Direct representation from Eric Navea
- Investigation, prosecution and court defence
Speak Directly With Eric
0401 937 269Early Advice Matters
Has SafeWork NSW Contacted You or Your Business?
The first response can affect how an investigation develops. Before providing a detailed response, attending an interview or producing documents, understand what SafeWork NSW is investigating, what you are required to provide and how the information may affect your position.
Eric can review the correspondence or notice, identify important deadlines and advise you on the next step.
Speak With Eric
Before You Respond
This does not mean people should ignore SafeWork NSW or refuse to cooperate. It encourages them to obtain advice so they can respond properly.
Have You Received Any of the Following?
Identify the document, contact or action you have received so you can understand what may need attention first.
SafeWork NSW Contact
An inspector has contacted your business, attended your workplace or requested further information.
Improvement Notice
Your business has been directed to remedy an alleged contravention within a specified period.
Request for Documents
You have been asked to provide records, policies, procedures, reports, correspondence or other material.
Prohibition Notice
An activity has been stopped because an inspector believes it involves a serious health or safety risk.
Interview Request
A director, officer, manager, supervisor or worker has been asked to participate in an interview.
Workplace Incident
SafeWork NSW is investigating a serious injury, fatality or other workplace incident.
Penalty Notice
The business or an individual has received a financial penalty for an alleged offence.
Court Proceedings
You have received a summons, Court Attendance Notice or other prosecution documents.
SafeWork NSW Defence for Businesses and Individuals
Eric represents businesses and individuals during SafeWork NSW investigations, enforcement action and court proceedings throughout NSW.
Businesses and Organisations
- Companies and other PCBUs
- Construction businesses
- Transport and logistics businesses
- Manufacturers
- Warehousing businesses
- Trades and contractors
- Property and facilities businesses
- Other NSW employers
Individuals
- Directors and company officers
- Business owners
- Executives
- Managers and supervisors
- Sole traders
- Contractors
- Workers facing individual allegations
The interests of a company and an individual are not always the same. Eric will identify who requires representation and whether separate legal advice may be needed.
How Eric Can Help With a SafeWork NSW Matter
SafeWork NSW matters can begin with an inspector’s attendance, a request for information, a notice or an investigation following a workplace incident. Eric can assist from the first contact through to the conclusion of court proceedings.
Investigation Advice
Eric can review the circumstances of the incident or complaint, explain the investigation process and advise you about your immediate position.
Requests for Information and Documents
Eric can examine what has been requested, identify relevant deadlines and advise you about preparing an appropriate response.
Interviews and Statements
Eric can advise directors, officers, managers and workers before an interview or statement and provide representation where appropriate.
Improvement and Prohibition Notices
Eric can advise on the effect of the notice, compliance requirements, review options and the possible consequences of failing to respond.
Penalty Notices
Eric can assess the alleged offence, available evidence and options for dealing with a penalty notice.
Director and Officer Liability
Eric can advise officers who are personally exposed to allegations concerning due diligence or failures in the management of workplace risks.
WHS Prosecutions
If court proceedings have commenced, Eric can examine the prosecution case, advise on available options and prepare a defence strategy.
Court Representation
Eric provides representation in SafeWork NSW and WHS proceedings, including contested hearings, plea proceedings and sentencing matters.
If any of these apply to you, Eric can assess the documents, explain your position and advise you about the immediate next step.
SafeWork NSW confirms that inspectors may investigate workplace incidents and enforce WHS laws. Improvement, prohibition and penalty notices are among the available enforcement options.
Why Businesses Choose Eric Navea
Former SafeWork NSW Principal Lawyer
Having worked inside SafeWork NSW, Eric understands how prosecution cases are prepared, how evidence is assessed and how matters are presented in Court.
More Than 10 Years of Court Experience
SafeWork NSW matters can involve detailed evidence, technical allegations and serious consequences. Eric brings more than 10 years of prosecution and courtroom experience to the defence of your matter.
Eric Will Handle Your Matter Personally
You will deal directly with Eric throughout your matter. You will not be passed between junior lawyers or left wondering who is responsible for your case.
Strategic Advice From the Beginning
Eric will identify the immediate issues, important deadlines and the information needed to properly assess your position.
Clear Advice Before Decisions Are Made
You will understand the allegations, your options and the recommended strategy before important decisions are made.
Investigation and Court Representation
Eric can deal directly with the regulator or prosecutor, advise you throughout the investigation and represent you in Court.
What Happens When You Contact Eric?
1
Assess the Immediate Situation
Eric reviews the SafeWork correspondence, identifies important deadlines and explains what requires an immediate response.
2
Protect Your Position During the Investigation
Eric advises you about requests for documents, interviews, inspector enquiries and the information you may be required to provide.
3
Review the Evidence and Allegations
Eric considers the alleged duty, the identified risk, the evidence relied upon and whether the prosecution can prove each required element.
4
Advise You on Your Options
You will understand the allegations, your possible exposure and the recommended strategy before important decisions are made.
5
Deal With SafeWork NSW and Prosecutors
Eric communicates directly with the regulator or prosecutor, conducts negotiations where appropriate and advises you throughout the proceedings.
6
Represent You in Court
If Court proceedings are commenced, Eric will prepare your case, represent you throughout the proceedings and defend the allegations against you in Court.
Can a Director or Officer Be Personally Prosecuted?
Yes. A SafeWork NSW investigation may involve the business, individual officers or both.
Directors and officers have a personal duty to exercise due diligence to ensure the business complies with its WHS duties. SafeWork NSW explains that due diligence includes taking reasonable steps to:
- Maintain current knowledge of 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 upon
- Ensure the business has processes for complying with its WHS duties
- Verify that those resources and processes are being used
If SafeWork NSW is examining your conduct as a director or officer, obtain advice about your personal position and do not assume that the company’s legal representation also protects your individual interests.
SafeWork NSW confirms that officers have a personal due diligence obligation and may face personal liability if they fail to discharge it. Read: SafeWork NSW directors and officers ↗ and SafeWork NSW officer duty ↗ .
Workplace Incidents and Allegations Eric Can Assist With
SafeWork NSW may investigate after a workplace incident, complaint or suspected breach of WHS laws. Eric can advise businesses and individuals in matters involving:
- Serious workplace injuries
- Fatal workplace incidents
- Falls from heights
- Plant and machinery incidents
- Mobile plant and forklift incidents
- Electrical incidents
- Construction site incidents
- Crush injuries
- Failure to manage workplace risks
- Unsafe systems of work
- Inadequate training or supervision
- Failure to consult workers
- Director and officer due diligence
- Alleged failures involving workplace procedures
Every investigation depends on its facts. Eric will assess the particular allegations, evidence and legal duties relevant to your matter.
Request a Confidential Consultation
Frequently Asked Questions About SafeWork NSW Matters
What is SafeWork NSW?
A detailed answer to provide information about your business, build trust with potential clients, and help convince the visitor that you are a good fit for them.
What should I do if a SafeWork NSW inspector contacts my business?
Identify what the inspector is requesting and any deadline that applies. Preserve relevant records and obtain legal advice before providing a detailed response or participating in an interview. Do not ignore the inspector or any formal notice.
Do I have to provide documents to SafeWork NSW?
That depends on the nature of the request and the legal power being used. Before responding, obtain advice about what has been requested, the deadline and any legal issues affecting the documents.
Can a SafeWork matter be defended?
Yes. Every matter depends on its facts, evidence, witnesses and legal issues. Many cases involve complex questions requiring detailed analysis.
Can a director be prosecuted personally?
Yes. Officers have a personal obligation to exercise due diligence to ensure the business complies with its WHS duties. Whether an individual is exposed depends on their role, conduct and the circumstances of the matter.
Can SafeWork NSW prosecute a company?
Yes. SafeWork NSW states that it can prosecute individuals, employers and businesses for alleged breaches of WHS laws where prosecution is considered appropriate and in the public interest. SafeWork NSW prosecutions
Can Eric represent me in Court?
Yes. Eric provides representation in SafeWork NSW prosecutions, contested hearings, plea proceedings and sentencing matters.
What is an improvement notice?
An improvement notice may require a person or business to remedy an alleged contravention within a specified period. The notice should be reviewed carefully so the recipient understands what is required and when.
Can SafeWork NSW investigate my business after a workplace incident?
Yes. SafeWork NSW inspectors may attend workplaces and investigate incidents, complaints and suspected breaches of WHS laws. The investigation may include examining the workplace, requesting information and speaking with relevant people. SafeWork NSW inspectors.
What is a prohibition notice?
A prohibition notice can stop an activity where an inspector believes it involves, or may involve, a serious risk to health or safety. Because the operational effect can be immediate, the notice should be addressed urgently.
Can a SafeWork notice be reviewed?
Certain decisions may be reviewable, but the applicable process and deadline depend on the decision. Obtain advice promptly after receiving the notice. SafeWork NSW provides an internal review process for certain inspector and regulator decisions. SafeWork NSW compliance and prosecutions.
What happens if I ignore a SafeWork NSW notice?
Ignoring a notice does not make it disappear and may expose the recipient to further enforcement action. Identify the deadline and obtain advice about compliance, review options and the appropriate response.
Can SafeWork issue on-the-spot fines?
Yes. SafeWork can issue penalty notices (on-the-spot fines) for certain WHS breaches. These are used “where a sanction is warranted for a contravention but the nature of the contravention does not necessarily warrant a prosecution”. However, more serious breaches usually lead to full court proceedings.
When should I contact a lawyer?
As early as possible—particularly after a serious incident, inspector attendance, request for documents, interview request, formal notice or receipt of court documents. Early advice allows important obligations, deadlines and evidence to be identified before decisions are made.
Facing a SafeWork NSW Investigation or Prosecution?
If your business has been contacted by SafeWork NSW, issued with a notice or served with court documents, speak with Eric before making important decisions.
Former NSW ODPP Prosecutor. More than 10 years of court experience. Direct representation from beginning to end.
