This page explains the process – from starting a prosecution to publishing court outcomes. 

Prosecution initiation

At the end of an investigation:

1. the file is sent for legal review to consider prosecution if recommended by the senior operational decision-maker
2. the legal team will advise if the file meets the Solicitor-General's Prosecution Guidelines and the How we make prosecution decisions policy
3. if the tests for prosecution are met, the authorised decision maker will choose whether to initiate prosecution action.

The Court process

If a decision is made to prosecute:

1. WorkSafe files charges in court.
2. The Court sets a first appearance date.
3. The defendant is summonsed and advised of the charge and location.
4. The prosecutor must provide ‘initial disclosure’ – as required by the Criminal Disclosure Act 2008 – at the start of proceedings.
5. Further disclosure follows as the court process continues.

The defendant may need to appear in court on the first appearance date, however this may not be required for administrative appearances. 

The ongoing court process and timing is covered by the Criminal Procedure Act 2011 and will depend on the details of the particular case. 

A second appearance date, which is generally 10 or 15 days after initial disclosure is made, will then be scheduled by the Court. 

On or before that date, the defendant may enter a plea of guilty or not guilty. The defendant may sometimes ask the Court for an adjournment, for instance, to consider initial and further disclosure from the prosecutor, before entering a plea.

If a not guilty plea is entered, a Case Review Hearing is scheduled. This is usually 30 or 45 days later, depending on the case type. A trial date is then set, and the case proceeds to trial. The majority of our trials are heard in the District Court, before a Judge alone and without a jury.

If a guilty plea is entered, or if the charge against the defendant is proven at a trial, then a date for sentencing is set. If the charge is not proven, or a defendant is found not guilty after trial, they will be acquitted.

Sentencing options

Sentencing for criminal offences is governed by the Sentencing Act 2002. Fines for offending are set out in relevant health and safety legislation, including the HSWA. 

Fines

• Under the HSWA: fines of up to $1,500,000 for a company or $300,000 for an individual PCBU.
• For serious ‘knowledge-based’ offences: up to $3,000,000 for a company or $600,000 for an individual, and/or up to five years’ imprisonment.

Under HSWA, other orders can include:

• Payment of regulator’s costs in bringing a prosecution 
• Reparation to victims
• Adverse publicity order
• Training order
• Work health and safety project order
• Court ordered enforceable undertaking

Appeals

Appeals on conviction or sentence are first heard in the High Court, under the Criminal Procedure Act 2011. Appeals may be brought by the prosecutor or the defendant.

Records of court process and decisions

You can request court file information from the Ministry of Justice.

Publication of prosecution outcomes

We publish prosecution outcomes in line with our publishing policy

Court summaries

Information about the status of court proceedings

WorkSafe keeps victims (including immediate family of a deceased person) informed about charges and the status of proceedings, as required by the Victims’ Rights Act 2002.