SafeWork NSW v Form Group NSW Pty Ltd [2024] NSWDC 562

SafeWork NSW v Form Group NSW Pty Ltd [2024] NSWDC 562

Form Group NSW Pty Ltd, as a person conducting a business or undertaking, failed to comply with its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) to ensure the health and safety of its workers so far as reasonably practicable, by not enforcing its own SWMS, not ensuring workers were aware of exclusion zones, and exposing an employee to the risk of serious injury; taking into account the objective seriousness, aggravating and mitigating factors, a plea of guilty, and evidence of limited capacity to pay, a conviction was entered and a fine (discounted as stated) imposed; costs were ordered to the prosecutor.

Parties
Prosecutor: SafeWork NSW; Defendant: Form Group NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and fined
Legal Topics
Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Sentencing, General Deterrence, Specific Deterrence, Mitigating Factors, Aggravating Factors, Capacity to Pay, Costs
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Sentencing General Deterrence Specific Deterrence Mitigating Factors +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 37 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

Form Group NSW Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Form Group NSW Pty Ltd breached its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to ensure the health and safety of workers, exposing Mohammad Hoque to risk of serious injury
  2. 2 Appropriate penalty having regard to the objective seriousness of offence, mitigating and aggravating circumstances, utilitarian discount for plea of guilty, and defendant's capacity to pay

Ratio Decidendi

Form Group NSW Pty Ltd, as a person conducting a business or undertaking, failed to comply with its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) to ensure the health and safety of its workers so far as reasonably practicable, by not enforcing its own SWMS, not ensuring workers were aware of exclusion zones, and exposing an employee to the risk of serious injury; taking into account the objective seriousness, aggravating and mitigating factors, a plea of guilty, and evidence of limited capacity to pay, a conviction was entered and a fine (discounted as stated) imposed; costs were ordered to the prosecutor.

Court Disposition

Convicted and fined

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $300,000, reduced by 25% to $225,000 for the plea of guilty, then further reduced by 20% under s 6 of the Fines Act 1996 (NSW) to $180,000.