Safe Work NSW v Wagga Motors Pty Ltd [2018] NSWDC 242

Safe Work NSW v Wagga Motors Pty Ltd [2018] NSWDC 242

Section 19(2) of the Work Health and Safety Act 2011 imposes a duty on a PCBU to ensure, so far as reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, and this duty is not limited by geographical or temporal boundaries such as the physical workplace. Mr Jenkins was within the class of 'other persons' to whom this duty is owed, as he was exposed to a risk stemming from work carried out by the defendant, even though the exposure occurred away from the defendant's premises.

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Criminal / Application to Dismiss or Stay Proceedings Prior to Substantive Hearing
Outcome
I find that Mr Jenkins was an 'other person' referred to in section 19(2) of the Act.
Legal Topics
['interpretation of Section 19(2) Work Health and Safety Act 2011' 'scope of Employer Duties' 'statutory Interpretation' 'workplace Risk to Other Persons']
['criminal Law' 'work Health and Safety'] ['interpretation of Section 19(2) Work Health and Safety Act 2011' 'scope of Employer Duties' 'statutory Interpretation' 'workplace Risk to Other Persons']

Case Brief

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Procedural Posture

Criminal / Application to Dismiss or Stay Proceedings Prior to Substantive Hearing

Legal Issues

  1. 1 ["Whether Mr Jenkins was an 'other person' under section 19(2) of the Work Health and Safety Act 2011" 'Whether the section 19(2) duty owed by a PCBU is geographically or temporally limited to the workplace']

Ratio Decidendi

Section 19(2) of the Work Health and Safety Act 2011 imposes a duty on a PCBU to ensure, so far as reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, and this duty is not limited by geographical or temporal boundaries such as the physical workplace. Mr Jenkins was within the class of 'other persons' to whom this duty is owed, as he was exposed to a risk stemming from work carried out by the defendant, even though the exposure occurred away from the defendant's premises.

Court Disposition

I find that Mr Jenkins was an 'other person' referred to in section 19(2) of the Act.

Orders

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