SafeWork NSW v Burke [2025] NSWDC 29

SafeWork NSW v Burke [2025] NSWDC 29

The offender was responsible for the system of work and failed to implement known and inexpensive safety measures, exposing a worker to serious injury risk. Failures to notify SafeWork and preserve the incident site stemmed from a mistaken understanding of statutory obligations, which could have been avoided with a proper reporting system. The penalties reflect the objective seriousness, need for deterrence, absence of prior convictions, demonstrated remorse, guilty plea, and post-incident improvements.

Parties
Prosecutor: SafeWork NSW; Offender: Bede Burke
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Criminal / Sentence
Outcome
Guilty plea accepted; offender convicted. Fine imposed for s 32 offence, no further penalty for s 38 and s 39 offences.
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Notification of Incidents, Site Preservation, Objective Seriousness, Deterrence, Aggravating and Mitigating Factors, Plea of Guilty, Remorse, Capacity to Pay a Fine
Criminal Law Work Health and Safety Sentencing Duty of Persons Undertaking Business Duty of Employers Notification of Incidents Site Preservation Objective Seriousness +5 more

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Parties

SafeWork NSW

Prosecutor

Bede Burke

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the offender failed to comply with health and safety duties under s 19(1) Work Health and Safety Act 2011 resulting in risk of serious injury (s 32)
  2. 2 Whether the offender failed to notify the Regulator immediately after the incident (s 38 Work Health and Safety Act 2011)
  3. 3 Whether the offender failed to ensure the site of a notifiable incident was not disturbed (s 39 Work Health and Safety Act 2011)

Ratio Decidendi

The offender was responsible for the system of work and failed to implement known and inexpensive safety measures, exposing a worker to serious injury risk. Failures to notify SafeWork and preserve the incident site stemmed from a mistaken understanding of statutory obligations, which could have been avoided with a proper reporting system. The penalties reflect the objective seriousness, need for deterrence, absence of prior convictions, demonstrated remorse, guilty plea, and post-incident improvements.

Court Disposition

Guilty plea accepted; offender convicted. Fine imposed for s 32 offence, no further penalty for s 38 and s 39 offences.

Orders

  • Bede Burke is convicted.
  • A fine of $30,000 is imposed for the s 32 offence.