Safe Work NSW v Grip Asia Pacific Pty Ltd [2017] NSWDC 210

Safe Work NSW v Grip Asia Pacific Pty Ltd [2017] NSWDC 210

Grip Asia Pacific Pty Ltd breached its health and safety duty by failing to implement an adequate system of work, not providing or ensuring use of safety equipment, and not training workers, resulting in exposure of an employee to a risk of serious injury or death, justifying conviction and imposition of fines and costs reflecting objective seriousness, deterrence principles, and capacity to pay.

Parties
Prosecutor: Safe Work NSW; Offender: Grip Asia Pacific Pty Ltd
Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Criminal Prosecution / Sentence
Outcome
convicted and fined
Legal Topics
Duty of Employers, Risk of Death or Serious Injury, Fall From Height, Lack of Fall Protection, Mitigating Factors, Aggravating Factors, Fine, Capacity to Pay, Circumstances, Objective Seriousness, Specific Deterrence, General Deterrence, Penalty, Parity, Totality, Community Values, Remorse, Contrition, Onerous Penalty, Extra Curial Punishment, Costs
Criminal Law Work Health and Safety Duty of Employers Risk of Death or Serious Injury Fall From Height Lack of Fall Protection Mitigating Factors Aggravating Factors +15 more

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Parties

Safe Work NSW

Prosecutor

Grip Asia Pacific Pty Ltd

Offender

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Did Grip Asia Pacific Pty Ltd fail to comply with its health and safety duty and expose Mathew Logie to a risk of death or serious injury in breach of section 32 Work Health and Safety Act 2011?
  2. 2 What penalty is appropriate for the offence given the objective seriousness, mitigating and aggravating factors, and capacity to pay?

Ratio Decidendi

Grip Asia Pacific Pty Ltd breached its health and safety duty by failing to implement an adequate system of work, not providing or ensuring use of safety equipment, and not training workers, resulting in exposure of an employee to a risk of serious injury or death, justifying conviction and imposition of fines and costs reflecting objective seriousness, deterrence principles, and capacity to pay.

Court Disposition

convicted and fined

Orders

  • The offender is convicted.
  • A fine of $85,000 is imposed.