This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

SafeWork Prosecutions

A death or serious injury in the workplace is a tragedy for the people involved. It can also have devastating effects on a business. One of the consequences of a death in the workplace may be that a Safework Prosecution is commenced. This article deals with Safwork Prosecutions.

How do Safework Prosecutions come about?

Initially, following a death or injury in a workplace, there is likely to be a loss of production as people come to terms with what has happened. This loss of production may appear in a number of different forms, including sick leave related to stress, despondent workers who are preoccupied with the death or serious injury, and the loss of staff who may be concerned about their safety.

Following a death or serious injury at work, SafeWork will hold an investigation. This investigation will generally involve interviewing a large number of staff. Members of the business may be asked to answer questions and provide documents to the investigating officials. However, such interviews may implicate supervisors and senior staff. For this reason, it is important that you get legal advice immediately so that you can protect your business as best you can.

How Armstrong Legal can help with Safework Prosecutions

Armstrong Legal can assist with overseeing your company’s response to the death or serious injury.

Our services include:

  • Marshalling experts who can certify that the premises are safe, allowing resumption of production as soon as possible;
  • Organising counsellors to provide grief counselling;
  • Provision of specialist criminal law solicitors who can sit in on every interview with every staff member;
  • Appearing in the Coroner’s Court in the event of a coronial inquest or an inquiry into a fire; and
  • Expert advice and representation in the event that criminal charges are laid against the business or any member of the business.

The management of workplace accidents must be taken very seriously, as very serious criminal charges can be laid if a business or individual is found to have been negligent.

If you require legal advice or representation in any legal matter please contact Armstong Legal. 


If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.


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