Defence of Worksafe and Occupational Health and Safety Prosecutions

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A person may be charged with a criminal offence under the Occupational Health and Safety Act (OHS Act), in circumstances where an employee or contractor has been injured or killed, as the result of a work-related accident.

The Occupational Health and Safety Act

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This legislation has been introduced with the intention of ensuring that workplaces are safe for workers and also members of the community. Since the Act was introduced, numerous companies and individuals have been charged with criminal offences. Leanne Warren & Associates have been involved in a number of OHS prosecutions and strive to provide expert advice and obtain the best results for their clients.

Offences under the Act

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Offences under this legislation relate to:
  • Recklessly endangering persons.

  • Failure to provide and maintain a safe working environment.

  • Exposing non-employees to risks.

  • Failure to take reasonable care and comply with health and safety requirements.

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Victoria Legal Aid assistance available (eligibility dependant upon means & merit guidelines stipulated by Victoria Legal Aid)

Penalties under the Act

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The most likely outcome for these types of offences is a fine, and in most cases a very large fine. However, the court can impose a range of other penalties including a term of imprisonment. When considering what penalty to impose the court will consider a range of factors including the following:

  • The circumstances of the case including the nature of the breach, and the foreseeability of risk.

  • Any previous convictions and safety records.

  • The scale of harm and risk.

  • The role of the offender in the breach.

  • The offender’s conduct following the offence, further offending and/or safety upgrades.

  • The presence of any remorse.

Talk to a Professional Today

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Leanne Warren is an accredited criminal law expert specialising in offences under the OHS Act.

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Testimonials

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"I am extremely happy with the outcome of court it couldn’t have gone any better and It’s all thanks to you and Angela. I cannot express my gratitude enough for what you have done for me and my situation. I also cannot express how much I appreciate everything.

I will forever be grateful for your support and help throughout this whole thing. So again thank you so much! Could you please pass on the message to Angela and tell her how much I appreciate her help as well !"
Tom

"Neil and I would both like to acknowledge the exceptional manner in which you have dealt with our challenging situation. Iva has been terrific to deal with and very patient in difficult circumstances. We are pleased with the outcome today and both feel she did a great job on our behalf.

We would not hesitate to recommend your company to anyone and wish you success and prosperity in the future."
Jenny

"Dear Leanne,

As per our discussion this afternoon, I am willing to accept the prosecutors offer of dropping all charges against me. Please pass on my thanks to Matt for his involvement in this matter, and of course a big thanks to yourself also. I’d give you guys a hug if I could for the professionalism and care that you show in your practice.
All the best to you and your team,"
Ben

"Just wanted to thank you again for today. I’m still in awe at how well it went down today and so quickly all without you barely speaking. My daughter was so happy to see me home when she got home from school. You are a true gem. I am truly grateful, you were the only one who showed me an ounce of interest in my hour of need.

Thank you, thank you thank you. With a performance like today you are going very far in your career!"
Serena

"It’s just started to sink in, what happened at court today and I would like to thank you again for your understanding and support. You made it all much easier J. I am driving back home to work my butt off so I can start my life again."

Matt

"Just wanted to thank you for all the work you have done for my case, charges dropped, good result etc. I really appreciate all you have done for me over the years, so thank you."

Craig

"Cannot ask for a more professional Law firm. Kate was very professional and is the best criminal lawyer. Thank you, Leanne Warren, for putting me on to Kate to represent me; she's the best!"

Michael

Get the Help You Need

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If you or someone you know has been charged with an offence under the OHS Act you should contact the lawyers at Leanne Warren & Associates as soon as possible. Please contact us on 03 9670 6066.