SafeWork NSW v Dynamic Formwork Group Pty Ltd [2022] NSWDC 11

SafeWork NSW v Dynamic Formwork Group Pty Ltd [2022] NSWDC 11

Dynamic Formwork Group Pty Ltd breached its work health and safety duty as a business by failing to provide adequate supervision, instruction, and a safe system of work, thereby exposing a worker to serious risk from a fall. The breach was objectively serious but, given immediate remedial action, lack of prior convictions, early guilty plea, remorse, and capacity to pay, the appropriate fine is $45,000, being a 25% reduction from $60,000, plus costs.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed.
Legal Topics
['prosecution' 'work Health and Safety' 'business Liability' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'costs' 'capacity to Pay' 'sentence']
['criminal Law' 'work Health and Safety Law'] ['prosecution' 'work Health and Safety' 'business Liability' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'costs' 'capacity to Pay' 'sentence']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Dynamic Formwork Group Pty Ltd, as a person conducting a business or undertaking, failed to comply with its work health and safety duty exposing a worker to risk of death or serious injury contrary to s 32 of the Work Health and Safety Act 2011 (NSW)' 'Whether appropriate penalty, taking into account objective seriousness, mitigating and aggravating factors, and capacity to pay']

Ratio Decidendi

Dynamic Formwork Group Pty Ltd breached its work health and safety duty as a business by failing to provide adequate supervision, instruction, and a safe system of work, thereby exposing a worker to serious risk from a fall. The breach was objectively serious but, given immediate remedial action, lack of prior convictions, early guilty plea, remorse, and capacity to pay, the appropriate fine is $45,000, being a 25% reduction from $60,000, plus costs.

Court Disposition

Conviction and fine imposed.

Orders

  • ['Dynamic Formwork Group Pty Ltd is convicted.' 'Order to pay a fine of $45,000.' 'Order pursuant to s 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.' "Order to pay the prosecutor's costs."]