The district court has a summary jurisdiction to hear offences committed under the
Work Health and Safety Act 2011. WorkCover NSW is the prosecuting authority in these cases.
WorkCover NSW must seek leave to commence proceedings in the district court by filing an
Application to commence proceedings. If granted, a summons will be issued.
If you receive a summons for a WHS offence you should get legal advice. You need to file a
Notice of Appearance at the court registry within seven days of receiving the summons.
Practice Note DC Crime 10 for more information.
Penalties include fines and / or imprisonment for offences under the
Work Health and Safety Act 2011. Refer to Part 2, Division 5 of the Act for the penalties that apply to the different categories of offences.
If a person is found guilty of an offence, the district court can also make orders such as: