Administrative Law & WHS Investigation Lawyers Brisbane
Summary
Astris Law assists with administrative law and work health and safety matters in Queensland, including QCAT merits review, judicial review under the Judicial Review Act 1991, WHS prosecution defence across all offence categories including industrial manslaughter, licensing disputes and regulatory enforcement responses.
Overview
Government agencies and regulators make decisions every day that directly affect businesses, professionals and individuals. Sometimes those decisions are wrong. A licence is refused or cancelled. A development application is rejected. An infringement notice is issued. A WHS investigation escalates into prosecution. When a regulatory decision threatens your business or livelihood, there are usually avenues to challenge it, but the process for doing so is not always obvious and the time limits are strict.
Astris Law can assist clients in navigating administrative law processes in Queensland, including merits review before the Queensland Civil and Administrative Tribunal, judicial review in the Supreme Court and responses to regulatory enforcement action. We also act for businesses and individuals facing work health and safety investigations and prosecutions, where the stakes can include significant financial penalties and in the most serious cases, imprisonment.
Administrative law covers a broad range of government decision-making. QCAT operates as the primary tribunal for merits review in Queensland, taking a fresh look at the evidence and arriving at its own decision. It has jurisdiction over licensing decisions, disciplinary proceedings, planning disputes, blue card decisions and a range of other matters where legislation provides a right of review. Where QCAT does not have jurisdiction, or where the issue is the legality of the decision-making process itself, judicial review in the Supreme Court under the Judicial Review Act 1991 may be available.
Work health and safety enforcement in Queensland operates through a distinct framework. Workplace Health and Safety Queensland conducts inspections and investigations and where it identifies potential breaches, it may refer the matter to the Office of the Work Health and Safety Prosecutor, an independent prosecutorial body unique to Queensland. The WHS Act creates four categories of offence, from general duty breaches through to industrial manslaughter, and penalties can be substantial. A Category 1 offence carries fines of up to $600,000 for an individual and $3 million for a body corporate, with imprisonment of up to five years. Industrial manslaughter carries a maximum of 20 years imprisonment for individuals and $10 million for bodies corporate.
Whether you are challenging an adverse government decision or responding to a WHS investigation, early legal engagement can shape the outcome. Regulatory processes move on their own timetable and most review applications must be filed within 28 days of the decision. Missing that window can mean losing the right to challenge it entirely.
How We Help
Astris Law represents Brisbane businesses, directors and officers facing work health and safety investigations and prosecutions, and assists with administrative law challenges to government decisions. When Workplace Health and Safety Queensland commences an investigation, or when a government agency makes an adverse decision affecting your licence or operations, the response you give at the outset determines the range of outcomes available to you.
WHS enforcement in Queensland operates through a framework unique in Australia. Investigations are conducted by Workplace Health and Safety Queensland, but prosecutions are brought by the independent Office of the Work Health and Safety Prosecutor. The Work Health and Safety Act 2011 creates four categories of offence, from general duty breaches through to industrial manslaughter — the most serious workplace safety offence in Australia. For Brisbane business owners and officers, a WHS prosecution can mean substantial fines and, for Category 1 offences and industrial manslaughter, imprisonment. We defend PCBUs and officers across all offence categories.
On the administrative law side, we assist with merits review applications to QCAT, judicial review proceedings in the Supreme Court under the Judicial Review Act 1991, licensing disputes and stay applications. When a government agency refuses, suspends or cancels a licence, rejects a development application or imposes conditions on your operations, there are usually avenues to challenge the decision — but the timeframes are strict, with most review applications due within 28 days.
Common Situations
- Workplace Health and Safety Queensland is investigating a workplace incident and your business or officers have been asked to attend interviews
- Your company or a director has been charged with a WHS offence, including a Category 1 offence or industrial manslaughter
- A government agency has refused, suspended or cancelled a licence and you need to challenge the decision through QCAT or judicial review
- You have received a show cause notice or improvement notice from a regulator and need to respond within a deadline
- A coronial inquest has been commenced following a workplace death and you need representation that accounts for potential WHS prosecution exposure
Why Astris Law
Astris Law's principal appears in QCAT, the District Court and the Supreme Court directly — without briefing external barristers where matters allow — delivering cost savings and continuity for Brisbane clients facing serious regulatory exposure.
What We Can Do
Our Special Interests
Key Legislation & Frameworks
Frequently Asked Questions
Can I challenge a government decision in Queensland and what are the time limits?
Yes. If Queensland legislation provides for it, you can apply to QCAT for a merits review of the decision. QCAT will take a fresh look at the evidence and make its own decision based on the merits of the case. If QCAT does not have jurisdiction, you may be able to seek judicial review in the Supreme Court under the Judicial Review Act 1991, which examines whether the decision was made lawfully. In most cases, applications must be filed within 28 days of receiving the decision. You can also apply to have the decision stayed (suspended) while the review is pending.
What happens during a WHS investigation in Queensland and do I have to answer questions?
Workplace Health and Safety Queensland inspectors have broad powers to enter workplaces, require production of documents and ask questions. A person must not refuse or fail to assist an inspector without reasonable excuse. However, the investigation must be conducted with procedural fairness and you are entitled to legal representation. If the investigation identifies potential breaches, the matter may be referred to the Office of the Work Health and Safety Prosecutor for prosecution. Legal advice at the investigation stage is critical because what you say and produce during the investigation forms the evidentiary foundation of any subsequent prosecution.
What are the penalties for WHS offences in Queensland?
Queensland's WHS Act creates four categories of offence. Category 3 covers general duty breaches. Category 2 applies where a failure exposes a person to risk of death or serious injury. Category 1 covers reckless conduct and carries penalties of up to $600,000 and five years imprisonment for individuals, or $3 million for bodies corporate. Industrial manslaughter, where negligent conduct by a PCBU or senior officer causes a death, carries up to 20 years imprisonment for individuals or $10 million for bodies corporate. Queensland is the only Australian jurisdiction with an independent WHS prosecutor.
What is a PCBU and what are my duties under the WHS Act?
A PCBU (person conducting a business or undertaking) is any person or entity that conducts a business or undertaking, whether for profit or not. PCBUs have a primary duty of care under the Work Health and Safety Act 2011 to ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by the work. This includes providing safe systems of work, a safe work environment and adequate training and supervision.
Can I challenge a licensing decision by a Queensland government agency?
Yes. If a Queensland government agency refuses, suspends or cancels a licence, you can typically apply to QCAT for a merits review within 28 days. QCAT will re-examine the evidence and make its own decision. In some cases, you can also seek judicial review in the Supreme Court under the Judicial Review Act 1991 if the decision was made unlawfully or without proper authority.
Industries We Serve in Administrative Law & WHS Investigations
Construction & Infrastructure
Legal support for construction contracts, infrastructure projects and building disputes in Queensland and Australia.
Government
Legal services for government agencies, statutory authorities and public sector entities.
Energy, Resources & Utilities
Legal expertise for mining companies, renewable energy projects and utility providers.
Written by Jamie Nuich, Principal of Astris Law
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