SafeWork NSW v Camden Council [2021] NSWDC 709

SafeWork NSW v Camden Council [2021] NSWDC 709

Camden Council failed to ensure that its volunteers were not exposed to obvious and foreseeable risks, did not implement straightforward risk mitigation measures, and breached its statutory duty under the Work Health and Safety Act 2011 (NSW), warranting a conviction and significant penalty.

Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
The defendant is convicted and fined.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'appropriate Sentence']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'appropriate Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Did Camden Council fail to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) and thereby expose persons to a risk of death or serious injury?' 'What is the appropriate sentence for such a breach?']

Ratio Decidendi

Camden Council failed to ensure that its volunteers were not exposed to obvious and foreseeable risks, did not implement straightforward risk mitigation measures, and breached its statutory duty under the Work Health and Safety Act 2011 (NSW), warranting a conviction and significant penalty.

Court Disposition

The defendant is convicted and fined.

Orders

  • ['The defendant is convicted.' 'The appropriate fine is $1,000,000, reduced by 25% for the early plea.' 'The defendant is to pay a fine of $750,000.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' "Pursuant to s 257B of the Criminal Procedure Act 1986 (NSW), the...