SafeWork NSW v Avant Stone Pty Ltd [2024] NSWDC 507

SafeWork NSW v Avant Stone Pty Ltd [2024] NSWDC 507

Avant Stone Pty Ltd, having failed to implement reasonably practicable measures to eliminate or minimise the risk of stone slabs falling on workers (specifically, the absence of a proper racking/restraint system, documented safety procedures, and adequate training/supervision), exposed Mr Bauer to fatal risk and thereby contravened s 19(1) read with s 32 of the Work Health and Safety Act 2011 (NSW). The appropriate penalty was reduced by 25% for early guilty plea, and further mitigating factors justified a fine in the mid range of objective seriousness.

Parties
Prosecutor: SafeWork NSW; Defendant: Avant Stone Pty Ltd
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Criminal Prosecution Sentence / Sentence
Outcome
Defendant convicted; fine and costs awarded
Legal Topics
Sentencing, Workplace Safety, Employer Duties, General Deterrence, Specific Deterrence, Mitigating Factors, Aggravating Factors, Prosecution Costs
Criminal Law Work Health and Safety Sentencing Workplace Safety Employer Duties General Deterrence Specific Deterrence Mitigating Factors +2 more

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Parties

SafeWork NSW

Prosecutor

Avant Stone Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution Sentence / Sentence

Legal Issues

  1. 1 Whether Avant Stone Pty Ltd breached its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), resulting in exposure of a worker to risk of death or serious injury contrary to s 32 WHS Act
  2. 2 Appropriate sentence for the offence, considering aggravating and mitigating factors, objective seriousness, and deterrence

Ratio Decidendi

Avant Stone Pty Ltd, having failed to implement reasonably practicable measures to eliminate or minimise the risk of stone slabs falling on workers (specifically, the absence of a proper racking/restraint system, documented safety procedures, and adequate training/supervision), exposed Mr Bauer to fatal risk and thereby contravened s 19(1) read with s 32 of the Work Health and Safety Act 2011 (NSW). The appropriate penalty was reduced by 25% for early guilty plea, and further mitigating factors justified a fine in the mid range of objective seriousness.

Court Disposition

Defendant convicted; fine and costs awarded

Orders

  • Avant Stone Pty Ltd is convicted.
  • The appropriate fine is $600,000 but to be reduced by 25% to reflect the early plea of guilty.