SafeWork NSW v Chemstore Group Pty Ltd [2019] NSWDC 598

SafeWork NSW v Chemstore Group Pty Ltd [2019] NSWDC 598

The defendant breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by failing to conduct adequate risk assessment and implement appropriate safeguards against obvious and serious risks, leading to a worker's serious injury. The objective seriousness of the offence warranted a significant penalty, tempered by mitigating factors and the defendant's financial position.

Parties
Prosecutor: SafeWork New South Wales; Defendant: Chemstore Group Pty Ltd
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Fine imposed, partially remitted for guilty plea. No order as to costs.
Legal Topics
Duty of Business, Employer Duty, Risk of Death or Serious Injury, Workplace Safety, Mitigating Factors, Aggravating Factors, Fine, Capacity to Pay, Objective Seriousness, Deterrence, Penalty Principles, Costs
Criminal Law Work Health and Safety Law Duty of Business Employer Duty Risk of Death or Serious Injury Workplace Safety Mitigating Factors Aggravating Factors +6 more

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Parties

SafeWork New South Wales

Prosecutor

Chemstore Group Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Chemstore Group Pty Ltd failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by exposing workers to a risk of death or serious injury.
  2. 2 Appropriate penalty for breach of duty in light of mitigating/aggravating factors and capacity to pay.

Ratio Decidendi

The defendant breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by failing to conduct adequate risk assessment and implement appropriate safeguards against obvious and serious risks, leading to a worker's serious injury. The objective seriousness of the offence warranted a significant penalty, tempered by mitigating factors and the defendant's financial position.

Court Disposition

Convicted. Fine imposed, partially remitted for guilty plea. No order as to costs.

Orders

  • The defendant is convicted.
  • The appropriate fine is $120,000.00 and that will be reduced by 25% to reflect a plea of guilty.