SafeWork NSW v Easy Fall Guttering Pty Limited [2021] NSWDC 44

SafeWork NSW v Easy Fall Guttering Pty Limited [2021] NSWDC 44

Easy Fall Guttering Pty Limited was in breach of its statutory duty under the Work Health and Safety Act 2011 (NSW) by failing to ensure health and safety so far as reasonably practicable, failing to notify SafeWork NSW of a notifiable incident, and failing to consult, co-operate, and co-ordinate with other duty holders. The seriousness of the foreseeable risks and failure to implement readily available control measures justified significant penalties, subject to a 25% reduction for early guilty plea, and considerations of the defendant's capacity to pay did not warrant any further reduction.

Parties
Prosecutor: SafeWork NSW; Defendant: Easy Fall Guttering Pty Limited
Jurisdiction
Australia
Judgment Date
05 March 2021
Procedural Posture
Criminal / Sentence
Outcome
conviction and fines imposed
Legal Topics
Failure to Comply With Duty, Workplace Injury, Failure to Notify Regulator, Failure to Consult and Coordinate, Sentencing, General Deterrence, Specific Deterrence, Parity, Capacity to Pay
Criminal Law Work Health and Safety Failure to Comply With Duty Workplace Injury Failure to Notify Regulator Failure to Consult and Coordinate Sentencing General Deterrence +3 more

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Parties

SafeWork NSW

Prosecutor

Easy Fall Guttering Pty Limited

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Did the defendant fail to comply with its WHS duty to ensure the health and safety of workers under s 19(1) of the Work Health and Safety Act 2011 (NSW)?
  2. 2 Did the defendant fail to notify SafeWork NSW of a notifiable incident as required under s 38 of the Act?
  3. 3 Did the defendant fail to consult, co-operate, and coordinate with other duty holders in breach of s 46 of the Act?

Ratio Decidendi

Easy Fall Guttering Pty Limited was in breach of its statutory duty under the Work Health and Safety Act 2011 (NSW) by failing to ensure health and safety so far as reasonably practicable, failing to notify SafeWork NSW of a notifiable incident, and failing to consult, co-operate, and co-ordinate with other duty holders. The seriousness of the foreseeable risks and failure to implement readily available control measures justified significant penalties, subject to a 25% reduction for early guilty plea, and considerations of the defendant's capacity to pay did not warrant any further reduction.

Court Disposition

conviction and fines imposed

Orders

  • The defendant is convicted.
  • For the s 19 offence, a fine of $300,000 reduced by 25% for early plea; final fine $225,000.