SafeWork NSW v Ausgrid Management Pty Ltd [2023] NSWDC 164

SafeWork NSW v Ausgrid Management Pty Ltd [2023] NSWDC 164

Ausgrid Management Pty Ltd breached its nondelegable duty under s 19(1) of the WHS Act by failing to ensure the health and safety of workers, leading to exposure to risk of death and serious injury, resulting in fatal injury to Mr Nicholls; the offence is objectively serious given the foreseeability and availability of mitigation steps. The defendant's early guilty plea, remorse, positive compliance history, and post-incident improvements warranted substantial but not dominant mitigation of penalty. Aggravating factor was Mr Nicholl's death.

Jurisdiction
Australia
Judgment Date
19 May 2023
Procedural Posture
Criminal Prosecution / Sentencing and Final Orders
Outcome
Defendant convicted and fined with associated costs ordered.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'deterrence' 'remorse and Contrition' "prosecutor's Costs"]
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'deterrence' 'remorse and Contrition' "prosecutor's Costs"]

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Procedural Posture

Criminal Prosecution / Sentencing and Final Orders

Legal Issues

  1. 1 ['Did Ausgrid Management Pty Ltd fail to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)?' 'Was the risk of death or serious injury foreseeable and adequately managed?' "What is the appropriate penalty under s 32 of the WHS Act for the defendant's breach?"]

Ratio Decidendi

Ausgrid Management Pty Ltd breached its nondelegable duty under s 19(1) of the WHS Act by failing to ensure the health and safety of workers, leading to exposure to risk of death and serious injury, resulting in fatal injury to Mr Nicholls; the offence is objectively serious given the foreseeability and availability of mitigation steps. The defendant's early guilty plea, remorse, positive compliance history, and post-incident improvements warranted substantial but not dominant mitigation of penalty. Aggravating factor was Mr Nicholl's death.

Court Disposition

Defendant convicted and fined with associated costs ordered.

Orders

  • ['Defendant convicted.' 'Fine of $800,000 reduced by 25% for early guilty plea; defendant to pay $600,000.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine ($300,000) to be paid to prosecutor.' "Pursuant to s 257B of the Criminal Procedure Act 1986 (NSW), defendant to pay prosecutor's agreed costs...