SafeWork NSW Defence Lawyer
Across Sydney
As a Former NHVR Prosecutor and ODPP NSW Prosecutor, Eric Navea leverages inside regulatory experience to deliver aggressive court defence and compliance strategies for truck drivers, fleet operators, and transport businesses across Sydney.
- Former NHVR Prosecutor. Courtroom Advocate.
- Defending Truck Drivers & Transport Businesses Across NSW.
Received a SafeWork Notice, Summons or Court Attendance Notice?
You’ve come to the right place.
SafeWork NSW is the state’s workplace health and safety regulator. If SafeWork alleges you breached the WHS laws, you need an expert defence.
We are specialist SafeWork defence lawyers with deep knowledge of NSW safety laws and prosecution practices. SafeWork “can (and does) carry out legal prosecutions against individuals, employers or businesses who have breached WHS laws”.
We prepare a rock-solid defence from the first investigation through to court, ensuring you get the best outcome.
We provide legal representation for:
Request a Confidential Consultation
Get a response directly from a former NHVR Prosecutor. Take comfort in knowing help is on the way.
SafeWork NSW enforces workplace health and safety laws and can prosecute individuals, officers, employers and businesses for breaches of those laws. The most common offences generally fall into the following categories.
Penalties & Consequences
Penalties under SafeWork laws can be very severe. Outcomes range from large fines to imprisonment, depending on the offence and circumstances:
Fines
Corporations have faced fines in the hundreds of thousands to millions of dollars. Even “minor” breaches may incur fines of several thousand.
Imprisonment
Individuals found guilty of Category 1 offences or Industrial Manslaughter can face jail time. Recent law changes mean up to 25 years’ imprisonment for industrial manslaughter and severe jail terms (up to 10–15 years) for the highest‑end Category 1 cases.
Other Orders
Courts can also impose compliance orders, rehabilitation orders, and costs. In one case, a company had to pay $21,000 compensation in addition to a fine.
Criminal Record
A conviction under SafeWork law is a criminal record. It can affect your ability to hold licences or run a business, and it may be disclosed on future checks. SafeWork’s own site notes that convictions (findings of guilt) are listed in their public records.
Every SafeWork prosecution is unique, and penalties depend on factors like negligence level, harm caused, and whether the offender has prior breaches. We explain all likely scenarios and how to mitigate outcomes.
Speak With An Experienced SafeWork Defence Lawyer Today
Time matters. Early legal advice can make a material difference.
Responding to SafeWork NSW with Confidence
Extensive Court Experience
When a matter proceeds to court, you need a lawyer who is comfortable in the courtroom. We regularly appear before courts and understand how prosecutions are prepared, how evidence is challenged and how cases are defended.
Tough yet Clear
We fight hard for you, but we explain everything simply. You will never feel in the dark about your case.
Client-Centred
Your future is our focus. We prioritise your needs, offering urgent help and personal attention.
Practical Advice
No legal jargon. No confusing explanations. Just clear advice about:
- What SafeWork is investigating
- What your risks are
- What options are available
- What happens next
- How we can defend the allegations
We have everything you need – expert knowledge, courtroom skill, and dedication. Our mission is to ensure you walk away with the best possible outcome.
Frequently asked questions about SafeWork NSW Offences | WHS Charges
SafeWork charges can arise from many breaches. Common examples include: failing to ensure safety (Category 2/3 under sections 32/33 of the WHS Act), reckless breaches (Category 1 under section 31), unlicensed high-risk work, ignoring prohibition/improvement notices, or (in the worst cases) industrial manslaughter. We help identify exactly which offence(s) apply in your case.
Penalties vary by offence. For severe breaches, fines can be in the high hundreds of thousands or even millions. For example, SafeWork records show fines of $1.2 million for a recent Category 1 conviction and $450,000 for a Category 2 breach. Individuals can face jail time: industrial manslaughter carries up to 25 years, and Category 1 can lead to substantial terms (often 5–15 years). Lesser offences have lighter fines, but any conviction can ruin your record. We will work to avoid these outcomes.
We can challenge SafeWork’s compliance notices or orders in court if needed. For example, if you believe an Improvement Notice was unjust, we’ll prepare your arguments. You don’t have to accept everything SafeWork says – we help fight unfair notices and ensure proper procedures are followed.
You have rights: you can take legal advice, ask inspectors for their ID and purpose, and refuse to sign statements without consulting us. We’ll guide you through interviews and correspondence. The investigation “helps determine what caused the incident, lessons learned, and whether prosecution is warranted” – knowing this, we make sure your side of the story is properly heard.
Seek legal advice immediately before responding. Early advice can help protect your legal position.
Yes.
Every matter depends on its facts, evidence, witnesses and legal issues. Many cases involve complex questions requiring detailed analysis.
Yes. We provide court representation for SafeWork NSW prosecutions and WHS matters.
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Get Experienced Legal Representation Before It's Too Late.
If you have received:
- A SafeWork investigation notice
- An Improvement Notice
- A Prohibition Notice
- A Penalty Notice
- A Summons
- A Court Attendance Notice
- A WHS prosecution
you do not have to face it alone.
The sooner you obtain legal advice, the sooner a defence strategy can be developed.
Speak With Eric Navea Today
Extensive Court Experience. Strategic Defence. Strong Representation.
This page is general information only and does not replace legal advice about your specific matter.
