SafeWork NSW v Bay Timber Manufacturing Pty Ltd [2024] NSWDC 585

SafeWork NSW v Bay Timber Manufacturing Pty Ltd [2024] NSWDC 585

Bay Timber Manufacturing Pty Ltd was found to have breached its work health and safety duty under section 19 of the Work Health and Safety Act 2011 (NSW) by failing to take reasonably practicable steps to protect workers from risk of death or serious injury, resulting in serious injury to a vulnerable minor, and was sentenced to a fine of $300,000 (after 25% discount for early guilty plea); 50% of the fine to be paid to the prosecutor, and ordered to pay the prosecutor's costs.

Parties
Prosecutor: SafeWork NSW; Defendant: Bay Timber Manufacturing Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Defendant convicted; fine imposed; costs order made.
Legal Topics
Work Health and Safety Duties, Sentencing, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Costs
Criminal Law Work Health and Safety Work Health and Safety Duties Sentencing Duty of Persons Undertaking Business Risk of Death or Serious Injury Costs

Case Brief

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Parties

SafeWork NSW

Prosecutor

Bay Timber Manufacturing Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Whether Bay Timber Manufacturing Pty Ltd breached its duty under section 19 of the Work Health and Safety Act 2011 (NSW)
  2. 2 Assessment of the objective seriousness of the offending
  3. 3 Appropriate penalty and mitigating/aggravating factors in sentencing

Ratio Decidendi

Bay Timber Manufacturing Pty Ltd was found to have breached its work health and safety duty under section 19 of the Work Health and Safety Act 2011 (NSW) by failing to take reasonably practicable steps to protect workers from risk of death or serious injury, resulting in serious injury to a vulnerable minor, and was sentenced to a fine of $300,000 (after 25% discount for early guilty plea); 50% of the fine to be paid to the prosecutor, and ordered to pay the prosecutor's costs.

Court Disposition

Defendant convicted; fine imposed; costs order made.

Orders

  • Bay Timber Manufacturing Pty Ltd was convicted on 28 November 2024.
  • Order to pay a fine of $300,000 (reduced from $400,000 for early plea of guilty).