SafeWork NSW v 21st Century Building Services Pty Ltd [2024] NSWDC 508

SafeWork NSW v 21st Century Building Services Pty Ltd [2024] NSWDC 508

21st Century Building Services Pty Ltd breached its work health and safety duty by failing to take reasonably practicable steps to prevent the foreseeable and serious risk of scaffold collapse, which resulted in injury to a member of the public and risk to workers. The objective seriousness was high given...

Source-derived case information.

Parties
Prosecutor: SafeWork NSW; Defendant: 21st Century Building Services Pty Ltd
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and imposition of fines with orders for costs.
Legal Topics
Work Health and Safety Duties, Risk of Death or Serious Injury, Sentencing Principles, Mitigating Factors, Aggravating Factors, Capacity to Pay Fines
Criminal Law Work Health and Safety Law Work Health and Safety Duties Risk of Death or Serious Injury Sentencing Principles Mitigating Factors Aggravating Factors Capacity to Pay Fines

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Summary, issues, holding and outcome

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Parties

SafeWork NSW

Prosecutor

21st Century Building Services Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether 21st Century Building Services Pty Ltd breached its work health and safety duty under s 19(2) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether failure to take reasonably practicable measures exposed persons to risk of death or serious injury contrary to s 32 of the WHS Act
  3. 3 What is the appropriate sentence in light of objective seriousness, mitigating/aggravating factors, and capacity to pay

Ratio Decidendi

21st Century Building Services Pty Ltd breached its work health and safety duty by failing to take reasonably practicable steps to prevent the foreseeable and serious risk of scaffold collapse, which resulted in injury to a member of the public and risk to workers. The objective seriousness was high given foreseeability, potential consequences, ease of mitigation, and disregard of guidance material. Sentencing principles required a significant fine due to general and specific deterrence, with reductions for early guilty pleas and consideration of totality and claimed capacity to pay.

Court Disposition

Conviction and imposition of fines with orders for costs.

Orders

  • In Proceedings 2022/245096: Conviction of 21st Century Building Services Pty Ltd; Fine of $45,000 imposed (25% reduction for early guilty plea); 50% of fine to be paid to prosecutor under s 122(2) Fines Act 1996; Defendant to pay prosecutor's costs.
  • In Proceedings 2022/245121: Conviction of 21st Century Building Services Pty Ltd; Fine of $180,000 imposed (25% reduction for early guilty plea); 50% of fine to be paid to prosecutor under s 122(2) Fines Act 1996; Defendant to pay prosecutor's costs.