WorkSafe Prosecutions · Regulatory Investigations · Enforcement
Defence and representation for businesses, employers and officers facing WorkSafe prosecutions and other regulatory investigations and proceedings in Victoria.
When a regulator investigates, the rules are different from commercial litigation. Inspectors may have statutory powers to enter, require documents and ask questions; the decision to prosecute is made against public-interest guidelines, not commercial logic; and the outcomes — fines, enforceable undertakings, published results — can affect a business long after the proceeding ends.
WorkSafe Victoria, for example, can bring charges under the Occupational Health and Safety Act 2004 and related legislation against employers, companies, officers, labour hire companies, suppliers and manufacturers. Its enforcement options range from a formal caution or an enforceable undertaking through to prosecution, and indictable matters can involve the Director of Public Prosecutions. How a business responds in the first days of an investigation often shapes what follows.
This service sits alongside our Criminal & Traffic practice, which defends individuals against police charges, and our Employment Law for Employers practice, which covers the employment relationship and internal workplace investigations. Regulatory investigations and prosecutions are a distinct process with distinct strategy.
We assess the regulator's powers, the evidence and the realistic outcomes before any response is committed to.
Commercial law and documentation
Advice brings together the governing documents, legal rights and commercial purpose, rather than considering each instrument in isolation.
Connected practice areas
Our commercial, estate-planning and litigation services support matters that cross between ownership, succession and disputes.
A defined client and scope
We check conflicts, identify who is instructing us and confirm the work and costs before it begins.
Melbourne CBD & Ringwood
Consultations are available through our Melbourne CBD and Ringwood offices, with phone or video appointments by arrangement.
Defence and representation for businesses, employers and officers, from first regulator contact through to court.
Defence of charges brought by WorkSafe Victoria under occupational health and safety and related legislation, for employers, companies, officers and other duty holders.
Advice from the moment a regulator makes contact — before any charge is laid, when the response often shapes the outcome.
Where a regulator offers an outcome short of prosecution — such as an enforceable undertaking — we advise on whether to accept, negotiate or contest.
Representation in the Magistrates' Court and, for indictable matters, the higher courts, in proceedings brought by Victorian and Commonwealth regulators.
Advice to individual officers, directors and managers facing personal exposure arising from corporate regulatory events.
After an incident or investigation, practical steps to remediate, document and reduce the risk of repeat enforcement.
If any of the following describe your circumstances, early advice will usually clarify your position and protect your options.
WorkSafe inspectors have attended your workplace
Get advice before giving statements or documents. What happens in the first days of an investigation often shapes whether charges follow.
You have received a charge or summons from a regulator
We review the charge, the evidence and the available defences, and advise on plea, contest and sentencing strategy.
A regulator has offered an enforceable undertaking
We assess whether the undertaking is preferable to contesting a prosecution, and negotiate its terms where it is not.
An officer or manager faces personal exposure
We advise the individual separately where their interests diverge from the company's, including interview and defence strategy.
Our principal focus is WorkSafe Victoria prosecutions and investigations, and other regulatory proceedings affecting our business and employer clients. We do not claim specialist accreditation in every regulatory regime, and we confirm at the outset whether a particular regulator or proceeding is within our scope. Where a matter requires a specialist we do not have, we will tell you.
Outcomes in regulatory proceedings depend on the evidence, the charges and the court. We do not guarantee results. What we provide is a clear assessment of your position, a defined strategy and careful representation at each stage.
Bring the regulator's correspondence, any notices or charges, incident records and relevant policies to the first consultation. We will check conflicts, assess the position and confirm scope and costs before work begins.
Information Centre explainers relevant to regulatory investigations and the decisions they involve.
How regulator-issued fines and notices work, and the considerations in deciding whether to pay, negotiate or challenge.
Read moreProcedurally fair internal investigations sit alongside — and can affect — any later regulatory process.
Read morePlain-English answers to the questions we are asked most often by Melbourne clients.
In-depth, plain-English reading from our Information Centre.
Received a drone fine, CASA notice or complaint about drone use? A practical guide to Australian drone rules, penalties, privacy issues and when to seek legal advice.
What fairness requires at each stage of a workplace investigation and disciplinary decision — particularising allegations, disclosing adverse material, a genuine opportunity to respond, impartiality, the standard of proof, and separating findings from sanction.
Regulatory Investigations & Prosecutions
Tell us which regulator is involved, what contact or charges you have received and when. We will check conflicts, assess the position and confirm scope and costs before work begins.
