SafeWork NSW v JD Projects (NSW) Pty Ltd [2024] NSWDC 422

SafeWork NSW v JD Projects (NSW) Pty Ltd [2024] NSWDC 422

JD Projects (NSW) Pty Ltd failed to ensure the health and safety of workers by proceeding with excavation works in a manner contrary to expert advice, thereby exposing workers to a risk of death or serious injury, contrary to s 32 of the Work Health and Safety Act 2011 (NSW). A fine of $180,000 (after a 25% discount for the plea of guilty) is appropriate in light of the objective seriousness, need for general deterrence, mitigating factors, and lack of aggravating factors.

Parties
Prosecutor: SafeWork NSW; Offender: JD Projects (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
16 September 2024
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Convicted and fined
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Objective Seriousness, Deterrence, Aggravating and Mitigating Factors, Capacity to Pay a Fine, Appropriate Penalty, No Previous Convictions, Rehabilitation, Remorse, Plea of Guilty
Criminal Law Work Health and Safety Sentencing Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Objective Seriousness Deterrence +7 more

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Parties

SafeWork NSW

Prosecutor

JD Projects (NSW) Pty Ltd

Offender

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Whether JD Projects (NSW) Pty Ltd breached s 32 of the Work Health and Safety Act 2011 (NSW) by failing to ensure the health and safety of workers and exposing workers to a risk of death or serious injury
  2. 2 Appropriate penalty to be imposed for the offence

Ratio Decidendi

JD Projects (NSW) Pty Ltd failed to ensure the health and safety of workers by proceeding with excavation works in a manner contrary to expert advice, thereby exposing workers to a risk of death or serious injury, contrary to s 32 of the Work Health and Safety Act 2011 (NSW). A fine of $180,000 (after a 25% discount for the plea of guilty) is appropriate in light of the objective seriousness, need for general deterrence, mitigating factors, and lack of aggravating factors.

Court Disposition

Convicted and fined

Orders

  • JD Projects (NSW) Pty Ltd is convicted.
  • A fine of $180,000 is imposed.