Work Health and Safety laws have been continuously evolving and changing across Australia in recent years, as the Federal and State Governments implement and harmonise ‘model’ laws agreed in 2011.

Madgwicks Lawyers has stayed across these changes, and how they interact with other sections of legislation, to provide employers and business-owners a comprehensive Work Health and Safety service that advises and ensures their safety management systems, workplace safety and handling policies adhere to the regulatory requirements.

In addition, we represent employers and directors in matters of health and safety criminal prosecutions, coronial inquests and other court proceedings with health and safety regulators such as WorkCover.

Our clients operate across the manufacturing, transport and logistics, construction, mining, retail, health and disability services and education sectors, and have access to an all-hours response service, ensuring they are able to receive an appropriate investigatory and legal response as-soon-as possible after a workplace event.

Services

Safety

  • Providing advice on health and safety compliance and policies
  • Representation and advice on managing health and safety regulators and their queries
  • Responding to and managing workplace incidents on behalf of clients covered under Legal Professional Privilege
    • Conducting investigations into the circumstances of the incident
    • Determining chain of responsibility; and
    • Liaison with health and safety regulators
  • Representation of clients in health and safety prosecutions and coronial inquests
  • Conducting bullying and harassment investigations

WorkCover

  • Provides advice in WorkCover matters
    • Managing ill and injured workers
    • Calculation of statutory benefits for submission; and
    • Workplace Industry Classification disputes

Risk Management

  • Designs and conducts workplace health and safety training from employee level all the way to the Executive Board
  • Undertakes legal compliance reviews of existing safety management systems including review of policies and procedures
  • Advises on managing and dealing with workplace incidents, bullying complaints and other investigations

Recent Experience

  • Investigation and review of existing WorkCover compensation claim on behalf of employer leading to termination of claim and substantial reduction of premium paid
  • Advice to determine the compensation status of an independent contractor previously deemed as an employee, with preparation to appear before the Return to Work Tribunal
  • Ongoing and adhoc advice on workplace safety management, policy development and implementation to organisations across a range of industries Australia-wide
  • Preparing submissions to WorkCover regarding mental and physical workplace injury claims, and assessing or representing employers response and management

Our Experts

Luisa Gonzaga

Partner
Luisa is an occupational health and safety specialist, providing strategic, pragmatic legal advice on all aspects of Work Health and Safety (WHS) matters.

Tim Greenall

Special Counsel
Commercially astute with over 30 years of experience, Tim provides pragmatic employment advice to his clients.

Tye Manley

Lawyer
Tye provides assistance across the Madgwicks teams on a variety of commercial litigation engagements.