Safe Work NSW v Universal Property Group Pty Ltd [2018] NSWDC 19

Safe Work NSW v Universal Property Group Pty Ltd [2018] NSWDC 19

Universal Property Group Pty Ltd breached its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by failing to have adequate systems in place to prevent falls through penetrations, exposing a worker to risk of death or serious injury, warranting a mid-range penalty mitigated by guilty plea, remorse, absence of prior convictions, remedial steps, and cooperation.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted; fined
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'penalty' 'mitigating Factors' 'aggravating Factors' 'sentencing Principles' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'penalty' 'mitigating Factors' 'aggravating Factors' 'sentencing Principles' 'prosecution Costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Universal Property Group Pty Ltd breached its work health and safety duty under s 19(1) Work Health and Safety Act 2011 by failing to prevent a risk of death or serious injury' 'Appropriate sentence for the offence considering aggravating and mitigating circumstances']

Ratio Decidendi

Universal Property Group Pty Ltd breached its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by failing to have adequate systems in place to prevent falls through penetrations, exposing a worker to risk of death or serious injury, warranting a mid-range penalty mitigated by guilty plea, remorse, absence of prior convictions, remedial steps, and cooperation.

Court Disposition

Convicted; fined

Orders

  • ['The offender is convicted.' 'A fine of $135,000 is imposed.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The offender is to pay the prosecutor's costs as agreed or assessed."]