Workplace Health and Safety Queensland (WHSQ) will begin an investigation as soon as possible after being notified of a death in the workplace. The purpose of the investigation is to find out what happened and take any appropriate action. Investigations can be complex and may take several months to complete.

A fatal incident does not always lead to a prosecution. WHSQ will make a decision about whether a prosecution should commence and considers a number of factors in making this decision.

There must be sufficient evidence to provide a reasonable prospect of a conviction. If a decision is made to prosecute, a court hearing will take place and this is usually heard in the Magistrates Court.

A person or company who is charged under workplace health and safety laws by WHSQ may enter a plea of guilty or defend the matter. If the plea is guilty, you may hear only a brief summary of what happened. If the plea is not guilty, the Magistrate will set a trial date which could be several months away. This hearing will often take longer than a day, but you will hear all the evidence in great detail.

The amount of information that WHSQ can give you or your solicitor before the trial is restricted.

If the person or company charged is convicted, the amount of the fine will be determined by the court.