Regulatory Matters Lawyer
Cairns & Far North Queensland
You are being investigated or prosecuted by a government regulator. The charge may involve workplace health and safety, environmental compliance, licensing, food safety, building standards, or another regulatory framework — and the agency behind it is not Queensland Police. Regulatory prosecutions are not the same as criminal charges laid by police. The legislation is different, the investigation process is different, and the penalties — including substantial fines and disqualification from holding licences or operating a business — can be devastating. Sacha represents individuals and…
What Regulatory Matters Look Like
Regulatory prosecutions are brought by government agencies under specialist legislation — not the Criminal Code . The most common regulatory matters dealt with in the Cairns Magistrates Court involve: Workplace health and safety — prosecutions by Workplace Health and Safety Queensland under the Work Health and Safety Act 2011 (Qld). These include failure to comply with a duty of care, failure to…
The Investigation Comes Before the Charge
By the time a regulatory prosecution reaches court, the investigation has already been running for months. Workplace safety inspectors, environmental officers, and licensing investigators attend the site, interview witnesses, compel document production, and compile a brief — all before any charge is laid. What you say to investigators during that process, what documents you produce, and how you…
The Penalties Are Not Just Fines
Regulatory prosecutions carry penalties that go beyond fines — although the fines themselves can be substantial. Maximum penalties under workplace health and safety legislation, for example, range from tens of thousands of dollars for individuals to millions for corporations. Beyond fines, the court can impose: Adverse publicity orders — requiring publication of the offence and the penalty…
Officers and Directors Face Personal Liability
Regulatory prosecutions are not confined to the company. Under the Work Health and Safety Act 2011 (Qld), officers must exercise due diligence to ensure the organisation's compliance. If the prosecution proves a failure of due diligence, the officer is personally liable — regardless of whether they were directly involved in the incident. Under the Environmental Protection Act 1994 (Qld), the…
The Defence Is in the Detail
Regulatory legislation defines offences differently from the Criminal Code . Many regulatory offences are strict liability — meaning the prosecution does not need to prove intent. Others reverse the onus of proof on specific elements, requiring you to establish a defence rather than requiring the prosecution to disprove it. Common defences in regulatory matters include: Reasonable steps: That you…