SafeWork NSW v Chess Engineering Pty Ltd [2020] NSWDC 638

SafeWork NSW v Chess Engineering Pty Ltd [2020] NSWDC 638

Chess Engineering Pty Ltd was convicted because, as a person with a health and safety duty under section 19(1) of the Work Health and Safety Act 2011, it failed to comply with that duty and thereby exposed a worker to a risk of death or serious injury, contrary to section 32 of the Act. The breach was aggravated by the substantial injury caused. The company's guilty plea and remedial steps warranted a penalty reduction, but the need for deterrence remained paramount.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
['employer Duty' 'workplace Safety' 'sentencing' 'aggravating and Mitigating Factors' 'deterrence']
['criminal Law' 'work Health and Safety'] ['employer Duty' 'workplace Safety' 'sentencing' 'aggravating and Mitigating Factors' 'deterrence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Chess Engineering Pty Ltd failed to comply with its health and safety duty under section 19(1) of the Work Health and Safety Act 2011 and exposed a worker to a risk of death or serious injury, contrary to section 32 of the Act.']

Ratio Decidendi

Chess Engineering Pty Ltd was convicted because, as a person with a health and safety duty under section 19(1) of the Work Health and Safety Act 2011, it failed to comply with that duty and thereby exposed a worker to a risk of death or serious injury, contrary to section 32 of the Act. The breach was aggravated by the substantial injury caused. The company's guilty plea and remedial steps warranted a penalty reduction, but the need for deterrence remained paramount.

Court Disposition

Conviction and fine imposed

Orders

  • ['Chess Engineering Pty Ltd is convicted.' 'A fine of $45,000 is imposed.' "The offender is to pay the prosecutor's costs agreed in the sum of $55,000." 'Pursuant to section 122(2) of the Fines Act 1996, 50% of the fine is to be paid to the prosecutor.']