SafeWork NSW v Silver Raven Pty Ltd [2025] NSWDC 8

SafeWork NSW v Silver Raven Pty Ltd [2025] NSWDC 8

The offender is convicted because it exposed a worker to a risk of death or serious injury as a result of not ensuring appropriate safety controls during high pressure water jetting operations, despite having satisfactory documented systems. The systems were not properly implemented, resulting in a preventable incident. The harm caused was considerable, and a significant penalty is required for general deterrence, although steps taken since, cooperation, remorse, and a plea of guilty were mitigating factors resulting in a discounted fine.

Parties
Prosecutor: SafeWork NSW; Offender: Silver Raven Pty Ltd
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Injury to Worker, Sentencing, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay a Fine, Appropriate Penalty, Sentencing Principles, Rehabilitation, Remorse, Plea of Guilty, Assistance to Law Enforcement Authorities, Worker Not Qualified to Complete Task
Work Health and Safety Criminal Law Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Injury to Worker Sentencing Deterrence +10 more

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Parties

SafeWork NSW

Prosecutor

Silver Raven Pty Ltd

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the offender failed to ensure the health and safety of workers under s 19(1) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether the offender exposed a worker to risk of death or serious injury in breach of s 32 of the Work Health and Safety Act 2011 (NSW)
  3. 3 Appropriate penalty for the offence considering aggravating and mitigating factors

Ratio Decidendi

The offender is convicted because it exposed a worker to a risk of death or serious injury as a result of not ensuring appropriate safety controls during high pressure water jetting operations, despite having satisfactory documented systems. The systems were not properly implemented, resulting in a preventable incident. The harm caused was considerable, and a significant penalty is required for general deterrence, although steps taken since, cooperation, remorse, and a plea of guilty were mitigating factors resulting in a discounted fine.

Court Disposition

Conviction and fine

Orders

  • Silver Raven Pty Ltd is convicted.
  • A fine of $180,000 is imposed.