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.
Our WHS lawyers provide legal representation for:
✔ A SafeWork NSW investigation notice
✔ A request for records or documents
✔ An Improvement Notice
✔ A Prohibition Notice
✔ A Penalty Notice
✔ A Summons
✔ A Court Attendance Notice
✔ A Work Health and Safety prosecution
We represent businesses, directors, officers, supervisors and workers facing SafeWork NSW investigations and prosecutions throughout New South Wales.
With extensive court appearance experience and a deep understanding of regulatory prosecutions, we help clients navigate investigations, protect their legal position and defend allegations before the courts.
Speak With An Experienced SafeWork Defence Lawyer Today
Time matters. Early legal advice can make a material difference.
Why Clients Contact Eric Navea Legal
Experienced Sydney Defence Lawyer.
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.
Have You Received Any Of The Following?
SafeWork Investigation
SafeWork NSW has significant powers to investigate alleged breaches of workplace safety laws. SafeWork NSW investigates complaints, incidents and alleged breaches of work health and safety legislation.
Improvement Notice
SafeWork NSW can issue Improvement Notices requiring safety issues to be rectified within a specified period.
Prohibition Notice
SafeWork NSW can issue Prohibition Notices requiring work to stop immediately where serious risks to health and safety are identified.
Penalty Notice
Financial penalties can be imposed for alleged breaches.
Summons Or Court Attendance Notice
If court proceedings have commenced, obtaining legal representation as early as possible is critical.
If so, you should seek legal advice immediately.
HOW OUR SAFEWORK DEFENCE LAWYER CAN HELP YOU
We offer full-service SafeWork defence, guiding you from start to finish
Immediate Response
We quickly review your situation and SafeWork documentation (notices, reports, summons). Early action can prevent problems from escalating.
Investigation Support
If inspectors visit or call, we can attend interviews (with or without you), advise on what to say, and gather key evidence. SafeWork notes that inspectors investigate incidents to determine cause and whether prosecution is warranted. We ensure those investigations don’t become traps.
Strategic Defence
We analyse the facts, WHS duties and evidence, and build a tailored defence strategy. We know SafeWork’s prosecutorial approach (e.g. the importance they place on risk and negligence) and their guidelines. For Category 1 offences or manslaughter (which require indictment), we prepare for higher court defence.
Court Representation
We appear for you in any required court – Local Court, District Court, Industrial Court or Supreme Court. In NSW, industrial manslaughter and a Category 1 offence against an individual must be prosecuted on indictment (District/Supreme Court), so we are ready to represent you at that level. Our team has appeared extensively in NSW industrial and criminal courts handling WHS matters.
Negotiation & Results
We do not shy away from negotiations: if weaknesses in SafeWork’s case are found, we will push for charges to be dropped or reduced. If a deal is needed, we negotiate with SafeWork’s prosecutors and (if involved) the DPP. We aim to achieve the best outcome – from avoiding conviction entirely to reducing fines.
Clear Guidance & Support
Throughout the process, we keep you informed and guide you on any compliance steps. We also prepare you for possible outcomes (e.g. if an appeal or compliance order could follow). You’ll always know where your case stands, thanks to our ongoing updates and accessible communication.
We cover everything – from immediately halting aggressive SafeWork tactics to winning the final verdict. With our skilled defence, clients often avoid the worst penalties or clear the charges entirely.
COMMON SAFEWORK PROSECUTION MATTERS
We Defend Allegations Relating To
Workplace Incidents
- Serious injuries
- Fatal workplace incidents
- Plant and machinery incidents
- Falls from heights
- Crush injuries
- Forklift incidents
- Mobile plant incidents
WHS Compliance Issues
- Failure to provide safe systems of work
- Failure to provide training
- Failure to supervise workers
- Failure to manage risks
- Failure to provide adequate safety procedures
- Failure to consult workers
- Failure to provide safe equipment
Officer And Director Liability
- Due diligence allegations
- Officer liability
- Executive responsibility
- Management failures
- Corporate governance issues
Construction And High-Risk Work
- Construction site incidents
- Scaffolding matters
- Electrical incidents
- Excavation incidents
- Demolition incidents
- Confined space incidents
Frequently asked questions about SafeWork NSW Offences | WHS Charges
SafeWork NSW is the NSW government regulator for workplace health and safety (non-mining). They enforce laws to prevent injuries and deaths at work, including by issuing fines and prosecuting breaches of the WHS Act.
Don’t panic. You have the right to legal representation. Speak with us before answering detailed questions. Inspectors investigate incidents and determine causes; they may use that information to decide on prosecution. We can guide you through the process to protect your interests from the outset.
A CAN means SafeWork has decided to charge you with a WHS offence. It’s essentially a criminal charge requiring you to appear in court. This is serious – it often means an offence like Category 1 (reckless conduct) or Category 2/3. Don’t ignore it. Contact us immediately; we will explain the process, prepare your defence, and represent you in court.
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.
Absolutely. SafeWork prosecutions are complex and high-stakes. Even minor mistakes can cost you thousands or worse. A lawyer ensures your rights are protected, challenges weak evidence, and strives to reduce or dismiss charges. Our experience shows that clients fare far better when represented: SafeWork’s own guidelines make clear that Category 1 manslaughter cases go to higher courts, so expert legal help is crucial.
It varies widely. Straightforward cases in Local Court might be resolved in months; complex cases (especially indictable ones) can take many months or years. Rest assured, we press for timely progress and keep you informed. We’ll also tell you what to expect at every stage, so there are no surprises.
Certain activities can be stopped immediately through regulatory action where serious risks are identified.
Yes. SafeWork NSW can prosecute businesses, employers, officers and individuals for alleged breaches of workplace safety laws.
SafeWork NSW may investigate, request documents, conduct interviews, issue notices or commence court proceedings depending on the circumstances.
Yes. Officers and directors can face personal liability under workplace safety laws.
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.
