Work Health & Safety Act cases

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.   

What to do if you receive a summons    

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.    

Refer to Practice Note DC Crime 10 for more information.

What are the penalties for WHS offences?

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:

  • Adverse publicity orders
  • Restoration orders
  • Project orders
  • Training orders
For more information on these type of orders refer to Part 13, Division 2 of the Act.







The information on this site is a guide only and is not legal advice - see disclaimer.