SafeWork NSW v Autocare Services Pty Ltd [2022] NSWDC 547

SafeWork NSW v Autocare Services Pty Ltd [2022] NSWDC 547

The prosecutor failed to establish that the disputed measures in pars 14(b)(ii), (iii) and (iv) of the Amended Summons were reasonably practicable because there was no guidance material or expert evidence proving the availability and suitability of the pleaded ways to eliminate or minimise the risk, including any...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 November 2022
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Disputed Facts Hearing After Plea of Guilty, Before Finalisation of Sentence Hearing
Outcome
The defendant's admitted breaches in pars 14(a) and 14(b)(v) were noted, the disputed particulars in pars 14(b)(ii), (iii) and (iv) were not established, and the matter was adjourned for finalisation of the sentence hearing.
Legal Topics
['duty of Person Conducting a Business or Undertaking' 'reasonably Practicable Measures' 'risk of Death or Serious Injury' 'plea of Guilty to Elements of Offence' 'disputed Facts on Sentencing']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Person Conducting a Business or Undertaking' 'reasonably Practicable Measures' 'risk of Death or Serious Injury' 'plea of Guilty to Elements of Offence' 'disputed Facts on Sentencing']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Disputed Facts Hearing After Plea of Guilty, Before Finalisation of Sentence Hearing

Legal Issues

  1. 1 ['Whether the prosecutor established that developing, implementing and enforcing a safe work procedure or safe work method statement for repairing an airline on a trailer was reasonably practicable.' 'Whether the prosecutor established that providing non-maintenance workers with an isolation device to support the belly deck on the trailer was reasonably practicable.' 'Whether the prosecutor established that providing training, information and instruction in relation to safe work procedures for repairing an airline on a trailer was reasonably practicable.']

Ratio Decidendi

The prosecutor failed to establish that the disputed measures in pars 14(b)(ii), (iii) and (iv) of the Amended Summons were reasonably practicable because there was no guidance material or expert evidence proving the availability and suitability of the pleaded ways to eliminate or minimise the risk, including any suitable isolation device, and the post-incident steps relied on only supported the prohibition on drivers performing repairs rather than the alternative pleaded measures.

Court Disposition

The defendant's admitted breaches in pars 14(a) and 14(b)(v) were noted, the disputed particulars in pars 14(b)(ii), (iii) and (iv) were not established, and the matter was adjourned for finalisation of the sentence hearing.

Orders

  • ['Note that the defendant accepts that it committed a breach of duty by failing to take the measures particularised in par 14(a) and 14(b)(v) of the Amended Summons.' 'The prosecutor has failed to establish that the measures particularised in par 14(b)(ii), (iii) and (iv) of the Amended Summons were reasonably...