SafeWork NSW v Aussie Skips Recycling Pty Ltd; SafeWork NSW v Emmanuel Roussakis [2022] NSWDC 276

SafeWork NSW v Aussie Skips Recycling Pty Ltd; SafeWork NSW v Emmanuel Roussakis [2022] NSWDC 276

Both defendants breached work health and safety duties by failing to implement reasonably practicable measures to prevent foreseeable risk of death or injury from mobile plant interacting with workers on foot. The offences fall in the mid or upper-mid range of seriousness. Mitigating factors, including early guilty pleas, justified a 25% discount on penalties.

Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fines imposed on both defendants. Costs awarded to prosecutor.
Legal Topics
['workplace Safety' 'duties of Officers' 'duties of Businesses' 'objective Seriousness' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['workplace Safety' 'duties of Officers' 'duties of Businesses' 'objective Seriousness' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'deterrence' 'prosecution Costs']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether Aussie Skips Recycling Pty Ltd failed to comply with its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) and contravened s 32 of the Act.' 'Whether Emmanuel Roussakis, as an officer, failed to exercise due diligence to ensure compliance with WHS duties under s 27(1) and contravened s 32 of the Act.' 'What penalties should be imposed considering the objective seriousness, mitigating and aggravating factors, and purposes of sentencing.']

Ratio Decidendi

Both defendants breached work health and safety duties by failing to implement reasonably practicable measures to prevent foreseeable risk of death or injury from mobile plant interacting with workers on foot. The offences fall in the mid or upper-mid range of seriousness. Mitigating factors, including early guilty pleas, justified a 25% discount on penalties.

Court Disposition

Conviction and fines imposed on both defendants. Costs awarded to prosecutor.

Orders

  • ['Aussie Skips Recycling Pty Ltd is convicted.' 'Aussie Skips Recycling Pty Ltd fined $525,000 (after 25% discount for early plea).' '50% of Aussie Skips fine to be paid to the prosecutor under Section 122(2) Fines Act 1996 (NSW).' "Aussie Skips Recycling Pty Ltd to pay prosecutor's costs." 'Emmanuel Roussakis is...