WorkCover Authority of New South Wales v Construere Projects Pty Limited [2014] NSWDC 310

WorkCover Authority of New South Wales v Construere Projects Pty Limited [2014] NSWDC 310

Construere Projects Pty Limited failed to ensure, so far as was reasonably practicable, the health and safety of a worker engaged by it, by not verifying qualifications and failing to implement adequate systems to prevent unqualified individuals from undertaking dangerous specialist work, leading to a foreseeable risk of death which materialized.

Parties
Prosecutor: WorkCover Authority of New South Wales; Defendant: Construere Projects Pty Limited
Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Criminal / Sentence
Outcome
Convicted and fined
Legal Topics
Sentencing, Duty to Ensure Health and Safety, Workplace Death, Plea of Guilty, Mitigating Factors, Foreseeability, Remorse, Deterrence
Occupational Health and Safety Criminal Law Sentencing Duty to Ensure Health and Safety Workplace Death Plea of Guilty Mitigating Factors Foreseeability +2 more

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Parties

WorkCover Authority of New South Wales

Prosecutor

Construere Projects Pty Limited

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant failed to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 by exposing a worker to risk of death or serious injury
  2. 2 Appropriateness of sentencing, including mitigating and aggravating factors

Ratio Decidendi

Construere Projects Pty Limited failed to ensure, so far as was reasonably practicable, the health and safety of a worker engaged by it, by not verifying qualifications and failing to implement adequate systems to prevent unqualified individuals from undertaking dangerous specialist work, leading to a foreseeable risk of death which materialized.

Court Disposition

Convicted and fined

Orders

  • The defendant is convicted.
  • The defendant is fined the sum of $37,500.