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WorkCover, Occupational Health and Safety (OHS) & Transport Accident Commission (TAC)

Prosecutions by Victoria’s Workcover Authority, or ‘WorkSafe’ can be brought against an employer under a number of Acts or Regulations, and are often prosecuted in cases where an employee has been injured or killed whilst at work.


Occupational Health and Safety (OHS) laws are vital to managing the risks, health and safety of everyone in the workplace. These laws include all stakeholders involved in your business such as employees, customers, visitors and suppliers. Following best practices by training staff on OHS procedures and supplying safe equipment can be expensive, however, not taking the necessary precautions could result not only in significant financial consequences, but also criminal convictions.


In Victoria, most prosecutions are brought under the Occupational Health and Safety Act, particularly the failure of an employer to provide safe systems of work, sufficient supervision or instruction and training. In more serious cases prosecutions by Victoria’s Workcover Authority, or ‘WorkSafe’ can be brought against an employer.

Both WorkCover and the Transport Accident Commission (TAC) have substantial resources to investigate alleged overpayments or payments to individuals who they determine are not eligible. Responding to these investigations and handling your engagement with investigators is an important part of any defence to such allegations.


Occupation Health and Safety cases are often serious in nature and are impacted by a range of internal and external factors. With a number of stakeholders involved in these cases, seeking expert advice early is important.


Types of offences under OHS regulation include the following:

  • Recklessly endangering persons;
  • Failure to provide and maintain a safe working environment;
  • Exposing non-employees to risks; and
  • Failure to take reasonable care and comply with health and safety requirements.


OHS best practices should be followed right from the start of commencing any business operations. In Australia, workplace health and safety laws stipulate that a business must be a safe environment for workers and not put others at risk.


If you have been charged with an OHS offence, it is important that you seek professional legal advice. Our team at Executive Lawyers have defended our clients at both the Magistrate’s and County Courts. Our experience is extensive in dealing with OHS cases which allows us to put forward the strongest legal case based on your circumstances.


If you have been charged with an OHS offence contact the team at Executive Lawyers today on (03) 8376 6209 for an obligation free, confidential discussion.

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