WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited (No 2) [2005] NSWIRComm 443

WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited (No 2) [2005] NSWIRComm 443

Chubb Security Australia Pty Limited, as a previous offender, failed to ensure, as required under s8(2) Occupational Health and Safety Act 2000, that people not in its employment were not exposed to health or safety risks arising from its undertaking at its place of work by omitting to undertake or require an adequate risk assessment, failing to warn the sub-contractor of a recent relevant robbery, and not ensuring a safe system of work for cash-in-transit operations it controlled. The objective seriousness was high, given the foreseeability and gravity of the risk and the failure to take readily available remedial steps. Parity of culpability with co-defendants was found. General and...

Parties
Prosecutor: WorkCover Authority of New South Wales (Inspector Wilson); Defendant: Chubb Security Australia Pty Limited
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Prosecution / Determination of Penalty Post Finding of Guilt
Outcome
conviction and penalty imposed
Legal Topics
Sentencing, Foreseeability, General and Specific Deterrence, Culpability, Employer Obligations, Sub Contractor Liability, Risk Assessment, Workplace Safety
Occupational Health and Safety Industrial Law Criminal Law Sentencing Foreseeability General and Specific Deterrence Culpability Employer Obligations +3 more

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Parties

WorkCover Authority of New South Wales (Inspector Wilson)

Prosecutor

Chubb Security Australia Pty Limited

Defendant

Procedural Posture

Prosecution / Determination of Penalty Post Finding of Guilt

Legal Issues

  1. 1 What is the appropriate penalty for the defendant under s8(2) of the Occupational Health and Safety Act 2000, considering its status as a previous offender?
  2. 2 To what extent was the offence objectively serious, and what weight should be given to general and specific deterrence?
  3. 3 Did the defendant's failure to warn and require risk assessment materially increase risks to safety?

Ratio Decidendi

Chubb Security Australia Pty Limited, as a previous offender, failed to ensure, as required under s8(2) Occupational Health and Safety Act 2000, that people not in its employment were not exposed to health or safety risks arising from its undertaking at its place of work by omitting to undertake or require an adequate risk assessment, failing to warn the sub-contractor of a recent relevant robbery, and not ensuring a safe system of work for cash-in-transit operations it controlled. The objective seriousness was high, given the foreseeability and gravity of the risk and the failure to take readily available remedial steps. Parity of culpability with co-defendants was found. General and...

Court Disposition

conviction and penalty imposed

Orders

  • The defendant is guilty of the offence as charged.
  • Penalty imposed in the sum of $246,000.