Safe Work (NSW) v Activate Fire Australia Pty Ltd; Safe Work (NSW) v Unity (NSW) Pty Ltd; Safe Work (NSW) v Hanna Plumbing Pty Ltd [2017] NSWDC 209

Safe Work (NSW) v Activate Fire Australia Pty Ltd; Safe Work (NSW) v Unity (NSW) Pty Ltd; Safe Work (NSW) v Hanna Plumbing Pty Ltd [2017] NSWDC 209

Each defendant failed to isolate electrical power, a step which would minimize risk and was available but overlooked due to lack of appreciation and historical practice. The failure constituted a breach of health and safety duty, but the objective seriousness was in the low range due to absence of actual harm caused by the breach, substantial steps taken towards compliance, and reduced moral culpability. Fines were imposed accordingly, discounted for Hanna Plumbing due to its guilty plea and evidence of reduced capacity to pay.

Parties
Prosecutor: Safe Work NSW; Defendant: Activate Fire Pty Ltd; Defendant: Unity (NSW) Pty Ltd; Defendant: Hanna Plumbing Pty Ltd
Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Conviction and fines imposed on all defendants; costs orders made against all defendants.
Legal Topics
Duty of Care, Employer Liability, Prosecution of Workplace Safety Offences, Sentencing Principles, Mitigating and Aggravating Factors, Costs Orders
Criminal Law Work Health and Safety Duty of Care Employer Liability Prosecution of Workplace Safety Offences Sentencing Principles Mitigating and Aggravating Factors Costs Orders

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Parties

Safe Work NSW

Prosecutor

Activate Fire Pty Ltd

Defendant

Unity (NSW) Pty Ltd

Defendant

Hanna Plumbing Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Whether the defendants breached their work health and safety duties under the Work Health and Safety Act 2011 by failing to isolate electrical power and thereby exposing a worker to risk of serious injury or death.
  2. 2 Assessment of objective seriousness and proper penalty for breach.

Ratio Decidendi

Each defendant failed to isolate electrical power, a step which would minimize risk and was available but overlooked due to lack of appreciation and historical practice. The failure constituted a breach of health and safety duty, but the objective seriousness was in the low range due to absence of actual harm caused by the breach, substantial steps taken towards compliance, and reduced moral culpability. Fines were imposed accordingly, discounted for Hanna Plumbing due to its guilty plea and evidence of reduced capacity to pay.

Court Disposition

Conviction and fines imposed on all defendants; costs orders made against all defendants.

Orders

  • Hanna Plumbing Pty Ltd convicted and fined $4,250 (15% discount for guilty plea); 50% of fine to prosecutor; to pay 85% of prosecutor's costs.
  • Activate Fire Pty Ltd convicted and fined $10,000; 50% of fine to prosecutor; to pay 50% of prosecutor's costs.