Jacqui Brinckmann
Clayton UtzJacqui is a Special Counsel in Clayton Utz's Workplace practice based in Brisbane and is admitted to practice in Australia and South Africa. She specialises in work health and safety and assists clients to respond to major safety incidents, deal with investigations by regulators and subsequent prosecution and coronial proceedings.
Her experience extends across a number of jurisdictions and industries including health, mining, rail, energy and construction industries. She has provided first tier and key clients with assistance and advice in relation to WHS investigations, WHS training (including officer due diligence legal briefings), regulatory compliance, regulatory enforcement action, inquiries, coronials and WHS prosecutions.
Jacqui's proven track record, ready availability and eye for detail makes her the go to choice for complex safety issues, incidents and litigious matters.
- *AGL Macquarie Pty Ltd: Provided assistance in relation to the prosecution of AGL's wholly owned subsidiary AGL Macquarie Pty Ltd (AGLM) by SafeWork NSW in relation to an incident at the Liddell Power Station site involving a transformer generator explosion which caused injuries to a worker. Jacqui assisted with AGLM's internal investigation, regulatory responses to requests for information from SafeWork NSW, AGLM's strategy in dealing with possible enforcement action given the imminent closure of the Liddell power station and negotiating a plea to an offence under section 19(1) of the Work Healthy and Safety Act 2011 (NSW) (WHS Act). The District Court ultimately imposed a fine of approximately one third of the statutory maximum, and found that AGLM was entitled to the maximum discount available for an early plea of guilty.
- *AGL Loy Yang Pty Limited: Facilitated the introduction of new laws dealing with the use of critical plant and equipment containing encapsulated asbestos. Jacqui assisted with successfully challenging WorkSafe Victoria's interpretation of certain provisions of the Occupational Health and Safety Regulations 2017 (Vic) which resulted in legislative change that enabled AGL to continue business operations.
- *Boral Limited: Providing advice and assisting with the defence of proceedings brought under the WHS Act and the Work Health and Safety Act (Mines and Petroleum Sites) Regulation 2014 (NSW) in relation to respirable dust and respirable crystalline silica. Successfully annulling the convictions of Boral in the Local Court which arose from those proceedings.
- *Woolworths Group Limited: Providing advice and representing Woolworths in an inquest in the Coroner's Court NSW.
- *Confidential client (UK client): Conducting an investigation into the adequacy of engineering controls on light rail, preparing a written and legally privileged investigation report, assisting with regulatory requests for information and appealing the improvement notices.
- *Confidential client: Advising the client in relation to a homicide which occurred at the workplace and which is the subject of investigation by the relevant safety regulator.
- *Confidential client: Providing advice and assistance to a major retail company in respect of two separate fatal incidents. The work includes assisting with the conduct of an independent and legally privileged investigation, assisting with the responses to coercive requests for information and assisting the client throughout the regulator investigative process.
- *Confidential client: Providing advice on recommended reforms to the Rail Safety National Law.
- *Assisted various employers to deal with safety incidents as they arise, including advising on appropriate incident response and regulatory compliance, appropriate contractor management and defends WHS prosecutions when required.
- *Assisted various employers with negotiating Enforceable Undertakings as an alternative to prosecution
*experience prior to Clayton Utz