Gina Capasso Special Counsel

Gina has longstanding experience in workplace health and safety, industrial relations and employment law and joined KHQ having come from multinational top tier and national firms in Australia.

Gina’s particular expertise includes:

  • workplace health and safety laws throughout Australia;
  • advising and assisting clients in managing major (including serious injury and fatal) workplace incidents. She provides support at each stage following a workplace incident, including the investigation phase through to (where relevant) prosecution and coronial inquiry;
  • conducting legal compliance reviews and reports, and assisting clients to develop and implement safe work systems, including safety procedures and safety training programs; and
  • providing training to executives, management and staff on workplace health and safety legislation and case law developments, customised for practical application to the client’s business.

Working closely with her clients, Gina provides practical advice and legal representation. She regularly puts on her hi vis, safety boots and hard hat to visit client sites and projects to gain a deeper understanding of their operations. She provides solutions with practical application having regard to imperative business needs and drivers whilst minimising legal risk and protecting her client’s legal position.

Gina’s clients cover a broad range of industries, including construction, manufacturing and distribution, transport and logistics, resources, infrastructure and retail. She regularly appears in state and federal courts and tribunals.  Her enthusiasm and energy for this area of legal practice is evident in the timely and responsive way she supports clients on workplace health and safety matters and the excellent outcomes she achieves for clients.

Contact Gina if you want a specialist workplace health and safety lawyer who will work with you and your team to provide easy to understand, practical legal advice, and who will help you to achieve results for your business that navigates and minimises legal risks.


Gina’s expertise has been recognised in the The Best Lawyers™ in Australia for Occupational Health & Safety Law (2017-2019).

The Best Lawyers in Australia (2019)

Latest News & Insights

Food manufacturer fined for safety breach

Posted By on 3/12/18 at 9:23 PM

A recent case in the Magistrates Court of Victoria is a timely reminder to check that safety guards are fully operational and to promptly remove faulty machinery from production for repair. What happened? A machine that individually wrapped small cakes and muffins in plastic film was fed the food product by two conveyors to the … Read more

De novo appeals against sentence to be removed

Posted By on 3/08/18 at 7:56 AM

Having acted for corporate accused who have been exposed to the inefficiency and costs of running a plea twice (in the summary and then appellate jurisdiction) on the same evidence, material and submissions, the amendments proposed by the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill 2018 are welcome. Current position An appeal by … Read more

Property owner bears clean up cost

Posted By on 3/07/18 at 11:12 AM

A recent case highlights the importance for property owners in ensuring they are aware of uses of their properties by lessees and take appropriate steps to deal with any residual issues once the lessee decides to move on. Background A holding company in Victoria leased property to a skip bin company that intended to use … Read more

Safety incidents – how to prevent serious injuries in the kitchen

Posted By on 23/04/18 at 2:04 PM

Recent court decisions regarding serious safety incidents involving companies in the food industry are an important reminder of the safety risks and serious injuries that can result from unguarded food machinery and equipment during use, cleaning and maintenance.  In these cases, the companies involved were found to be in breach of their duties under the Occupational … Read more

Is your start-up business running in safe shoes?

Posted By on 5/05/17 at 10:22 AM

Start-ups and entrepreneurial businesses in Australia are faced with a gamut of legal requirements with which they must comply. This can be daunting for a new business that started with a brilliant idea on a shoestring budget. As a business gains momentum with increased sales and product range and general busyness, less attention is often … Read more

Will Victorian OHS laws be left to go solo?

Posted By on 28/03/17 at 2:40 PM

The long awaited onboarding of the WHS model legislation in Western Australia may be closer to reality with the new Western Australian Labor Government in power. Major developments proposed to WHS laws in WA as set out in the WA Labor 2015 state platform include: a maximum jail term of 20 years for senior officers … Read more