SafeWork NSW v Denbrok Constructions Pty Limited [2023] NSWDC 407

SafeWork NSW v Denbrok Constructions Pty Limited [2023] NSWDC 407

Denbrok Constructions Pty Limited, as a PCBU, failed to implement adequate reasonably practicable measures (such as edge protection, harnesses, supervision, and training) to prevent workers from being exposed to the risk of a fall from height, resulting in a breach of its nondelegable safety duty under the Work Health and Safety Act 2011 (NSW). The objective seriousness of the offence is high given the foreseeability and known risks, the vulnerability of the worker, and the simplicity of available controls. The penalty was adjusted in consideration of the defendant's limited financial capacity, early guilty plea, prior good character, and remedial actions taken, but a substantial fine...

Parties
Prosecutor: SafeWork NSW; Defendant: Denbrok Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
04 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
Defendant convicted and fined, with orders for costs.
Legal Topics
Sentencing, Work Health and Safety Offences, Duty of Care, Objective Seriousness, Mitigating and Aggravating Factors, Deterrence
Criminal Law Work Health and Safety Law Sentencing Work Health and Safety Offences Duty of Care Objective Seriousness Mitigating and Aggravating Factors Deterrence

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 6 Authorities cited 36 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

Denbrok Constructions Pty Limited

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant failed to comply with its WHS duty to ensure the health and safety of workers so far as reasonably practicable
  2. 2 The appropriate penalty for the failure, considering objective and subjective factors

Ratio Decidendi

Denbrok Constructions Pty Limited, as a PCBU, failed to implement adequate reasonably practicable measures (such as edge protection, harnesses, supervision, and training) to prevent workers from being exposed to the risk of a fall from height, resulting in a breach of its nondelegable safety duty under the Work Health and Safety Act 2011 (NSW). The objective seriousness of the offence is high given the foreseeability and known risks, the vulnerability of the worker, and the simplicity of available controls. The penalty was adjusted in consideration of the defendant's limited financial capacity, early guilty plea, prior good character, and remedial actions taken, but a substantial fine...

Court Disposition

Defendant convicted and fined, with orders for costs.

Orders

  • Defendant convicted.
  • Appropriate fine for the offence is $400,000.00, reduced by 25% for guilty plea to $300,000.00.