Galbally Parker recently acted in a WorkSafe prosecution involving a Ballarat demolition company and its director following allegations relating to asbestos removal at a residential demolition site.
The matter was heard in the Ballarat Magistrates’ Court in July 2026.
The case has since been reported by both OHS Reps and The Courier.
The WorkSafe prosecution
Coffield Trading Pty Ltd had been engaged to undertake demolition works at a property in Lake Wendouree, Ballarat. An asbestos survey completed before the demolition identified asbestos-containing material at multiple locations throughout the site and required its removal before demolition work commenced.
Work began in December 2023. In June 2024, WorkSafe attended the site and issued a notice requiring demolition and clean-up work to stop. A subsequent investigation resulted in charges against both the company and its director, Shayne Coffield.
The prosecution alleged that employees had been placed at risk of exposure to asbestos during the demolition works. The company and Mr Coffield ultimately pleaded guilty to offences under the Occupational Health and Safety Act 2004.
The circumstances behind the offending
An important part of the matter was explaining the circumstances in which the breaches occurred.
The defence submitted that Mr Coffield had misunderstood his responsibilities regarding the removal of asbestos and believed he was carrying out the work in a safe manner. The Court was also told about his character and standing in the community, as well as the steps taken once WorkSafe became involved.
From the time WorkSafe attended the site, Mr Coffield and the company admitted the conduct, cooperated with the investigation and took steps to remediate the workplace. The Court ultimately accepted that Mr Coffield had shown genuine remorse and that the incident and subsequent proceedings had significantly affected him and his family.
The Court also recognised that the breaches arose in the context of a misunderstanding and failure to properly comprehend the requirements of the asbestos survey.
The outcome
Coffield Trading Pty Ltd was fined $12,000 without conviction.
Mr Coffield’s proceedings were adjourned for 12 months without conviction, with the Court making a health and safety undertaking requiring asbestos awareness training and good behaviour.
The outcome followed submissions addressing not only the conduct itself, but also the client’s cooperation, remedial action, character, remorse and the circumstances in which the offending occurred.
Alex Schwarcz’s work in WorkSafe matters
Associate Solicitor Alex Schwarcz conducted the matter on behalf of Galbally Parker.
Alex regularly advises individuals and businesses in relation to WorkSafe prosecutions and other regulatory proceedings. His experience includes appearing in the Magistrates’ Court and advising clients through the investigation, prosecution and sentencing stages of regulatory matters.
WorkSafe prosecutions can involve detailed factual and technical evidence, as well as significant consequences for businesses, directors and officers. Even where an incident has not resulted in physical injury, businesses may still face prosecution where WorkSafe alleges that workplace risks were not adequately managed.
Having a lawyer who understands both criminal prosecution and the particular requirements of occupational health and safety matters can therefore be important from the earliest stages of an investigation.
Facing a WorkSafe investigation or prosecution?
Galbally Parker represents companies, directors and individuals facing investigations and prosecutions brought by WorkSafe Victoria.
Our WorkSafe lawyers can provide advice from the investigation stage through to negotiations, plea hearings and contested proceedings.
If WorkSafe has attended your workplace, requested documents, asked you to participate in an interview or commenced a prosecution, obtaining advice early can help you understand your obligations, the allegations against you and the options available.
Speak to Galbally Parker about your WorkSafe matter on (03) 9670 8771.