SafeWork NSW v Aceline Plumbing Group Pty Ltd [2020] NSWDC 774

SafeWork NSW v Aceline Plumbing Group Pty Ltd [2020] NSWDC 774

The defendant, as a licensed plumbing company, breached its statutory duties by (1) failing to notify SafeWork NSW immediately following a notifiable workplace incident resulting in serious injury, and (2) failing to consult, co-operate, and co-ordinate with other relevant duty holders to eliminate or minimise foreseeable health and safety risks, particularly in relation to the risk of falls when installing guttering. The breaches were objectively serious, as simple and practical measures to ameliorate the risk were reasonably available and not taken. The company also failed to provide any credible evidence of remorse beyond admissions or of improvement in safety systems.

Parties
Prosecutor: SafeWork NSW; Defendant: Aceline Plumbing Group Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal Prosecution / Sentence
Outcome
The defendant is convicted and fined.
Legal Topics
Duty of Persons Conducting a Business or Undertaking, Notification of Notifiable Incidents, Consultation, Co Operation and Co Ordination With Other Duty Holders, Sentencing for Work Health and Safety Offences
Criminal Law Work Health and Safety Duty of Persons Conducting a Business or Undertaking Notification of Notifiable Incidents Consultation, Co Operation and Co Ordination With Other Duty Holders Sentencing for Work Health and Safety Offences

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Parties

SafeWork NSW

Prosecutor

Aceline Plumbing Group Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Whether the defendant failed to notify the regulator immediately after becoming aware of a notifiable incident arising out of its business or undertaking
  2. 2 Whether the defendant failed to consult, co-operate and co-ordinate activities with other persons who had a duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)

Ratio Decidendi

The defendant, as a licensed plumbing company, breached its statutory duties by (1) failing to notify SafeWork NSW immediately following a notifiable workplace incident resulting in serious injury, and (2) failing to consult, co-operate, and co-ordinate with other relevant duty holders to eliminate or minimise foreseeable health and safety risks, particularly in relation to the risk of falls when installing guttering. The breaches were objectively serious, as simple and practical measures to ameliorate the risk were reasonably available and not taken. The company also failed to provide any credible evidence of remorse beyond admissions or of improvement in safety systems.

Court Disposition

The defendant is convicted and fined.

Orders

  • The defendant is convicted.
  • The appropriate fine for the s 38 offence is $40,000.00, reduced by 25% to $30,000.00 to reflect a plea of guilty.