SafeWork NSW v Art Civil Pty Ltd [2023] NSWDC 379

SafeWork NSW v Art Civil Pty Ltd [2023] NSWDC 379

The defendant, as a person conducting a business or undertaking, failed to take reasonably practicable steps to ensure worker safety—specifically, failing to provide required protective devices against falling objects for excavator operators during demolition, and failing to implement and enforce safe work procedures and checks. These failures exposed a foreseeable and serious risk of significant harm, warranting conviction and a substantial penalty after allowing an appropriate discount for a guilty plea and account of mitigating factors.

Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence; fine imposed with discount for guilty plea; orders for payment of costs and part of fine to prosecutor
Legal Topics
['sentencing' 'duty of Care in Workplace' 'risk Management' 'recklessness' 'demolition Safety' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'work Health and Safety'] ['sentencing' 'duty of Care in Workplace' 'risk Management' 'recklessness' 'demolition Safety' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), exposing workers to a risk of death or serious injury contrary to s 32 of the WHS Act' 'Assessment of the objective seriousness of the offence' 'Appropriate penalty considering aggravating and mitigating factors']

Ratio Decidendi

The defendant, as a person conducting a business or undertaking, failed to take reasonably practicable steps to ensure worker safety—specifically, failing to provide required protective devices against falling objects for excavator operators during demolition, and failing to implement and enforce safe work procedures and checks. These failures exposed a foreseeable and serious risk of significant harm, warranting conviction and a substantial penalty after allowing an appropriate discount for a guilty plea and account of mitigating factors.

Court Disposition

Conviction and sentence; fine imposed with discount for guilty plea; orders for payment of costs and part of fine to prosecutor

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the offence is $200,000, reduced by 25% for the guilty plea, resulting in a $150,000 fine.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' "Pursuant to s 257B of the Criminal Procedure Act 1986...