Safe Work NSW
Prosecutions
Leeds Lawyers have a proven track record in defending and obtaining exceptional results for corporations and individuals facing serious SafeWork prosecutions.
Prioritising Workplace Safety
Workplace Health and Safety must be a priority for all businesses and it can be a continual challenge to meet the changing legal requirements of each state and territory. We provide expert and detailed legal advice regarding the complex field of federal and state safety laws for corporations and businesses of all sizes.
Failure to comply with these rapidly changing laws can often lead to criminal prosecution, particularly when human life has been affected through injury or death. It is important to seek legal advice as soon as an incident occurs as the penalties can be severe and the Court will be critiquing the initial and continual response to the incident.
- We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
- Following thorough legal advice regarding the charge, weaknesses of the prosecution case against you and your available defence you may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply.
- If you agree to the necessary elements of offence but not the alleged Police Facts Sheet, you have the option of proceeding to a disputed facts hearing. Police Facts Sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
- If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.
We appreciate the importance of developing bespoke policies and systems to reduce the risk of work incidents whilst also meeting changing work health and safety obligations. We provide a comprehensive legal service which includes advising, assistance with compliance and representation in Court to ensure your business rights are defended.
If you are successfully found not guilty, no penalty applies.
Upon conviction, the Court may impose the following penalties on the company, director or individual:
- Conditional Release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non parole period.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need a Lawyer?
If you are concerned about a Safe Work NSW case or the impact of a large fine, your business will benefit from professional legal services. Our principal solicitor, Mark Kryakos, has your best interests at heart from start to finish. You can expect exceptional guidance and quality service from our expert legal specialists, even during your company’s most challenging times.
Family Law
