SafeWork NSW v Advanced Roofing Sydney Pty Ltd [2022] NSWDC 407

SafeWork NSW v Advanced Roofing Sydney Pty Ltd [2022] NSWDC 407

Advanced Roofing Sydney Pty Ltd breached its work health and safety duty under the Act by failing to implement adequate site-specific hazard identification and control measures for penetrations in the roof, thereby exposing workers to a high risk of death or serious injury. The risk was well-known, readily addressed by straightforward measures, and the failure showed substantial culpability. While mitigating factors and an early guilty plea reduced the fine, the seriousness of the offence required a significant penalty for deterrence.

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed with additional orders and costs.
Legal Topics
['prosecution' 'work Health and Safety Duty' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'costs' 'evidence Handling' 'duty of Persons Undertaking Business']
['criminal Law' 'work Health and Safety'] ['prosecution' 'work Health and Safety Duty' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'costs' 'evidence Handling' 'duty of Persons Undertaking Business']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Did Advanced Roofing Sydney Pty Ltd fail to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW)?' 'Did such failure expose workers to a risk of death or serious injury contrary to s 32 of the Act?' 'What is the objective seriousness of the offence?' 'What is the appropriate penalty including considerations of deterrence, capacity to pay and mitigating/aggravating factors?']

Ratio Decidendi

Advanced Roofing Sydney Pty Ltd breached its work health and safety duty under the Act by failing to implement adequate site-specific hazard identification and control measures for penetrations in the roof, thereby exposing workers to a high risk of death or serious injury. The risk was well-known, readily addressed by straightforward measures, and the failure showed substantial culpability. While mitigating factors and an early guilty plea reduced the fine, the seriousness of the offence required a significant penalty for deterrence.

Court Disposition

Conviction and fine imposed with additional orders and costs.

Orders

  • ['Advanced Roofing Sydney Pty Ltd is convicted.' 'Appropriate fine of $200,000 reduced by 25% for early plea of guilty.' 'Order Advanced Roofing Sydney Pty Ltd to pay a fine of $150,000.' 'Order pursuant to s 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.' "Order Advanced...