WorkCover Authority of NSW (Inspector Glassington) v Graffica Pty Ltd [2012] NSWDC 311

WorkCover Authority of NSW (Inspector Glassington) v Graffica Pty Ltd [2012] NSWDC 311

Graffica Pty Ltd failed to comply with its duty under s 11(1)(b) of the Occupational Health and Safety Act by not providing adequate safety information about a supplied machine and not identifying risks that reasonable assessment would have revealed, leading to a fatality; although not grossly indifferent, the breach was moderately culpable. The company was convicted and fined accordingly, with penalty reflecting capacity to pay and remedial steps taken.

Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Convicted on both charges; fine and costs imposed on primary matter; conviction only with no further penalty on second charge.
Legal Topics
['failure to Provide Safety Information' 'supplying Unsafe Machinery' 'sentencing Under OHS Legislation']
['occupational Health and Safety' 'criminal Law'] ['failure to Provide Safety Information' 'supplying Unsafe Machinery' 'sentencing Under OHS Legislation']

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Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 ['Did the defendant fail to provide or arrange adequate safety information about supplied plant in contravention of s 11(1)(b) of the Occupational Health and Safety Act 2000?' 'Did the defendant supply plant that was not safe for use and without risk to health contrary to s 11(1)(a) of the Occupational Health and Safety Act 2000?' 'What is the appropriate penalty given the objective and subjective circumstances?']

Ratio Decidendi

Graffica Pty Ltd failed to comply with its duty under s 11(1)(b) of the Occupational Health and Safety Act by not providing adequate safety information about a supplied machine and not identifying risks that reasonable assessment would have revealed, leading to a fatality; although not grossly indifferent, the breach was moderately culpable. The company was convicted and fined accordingly, with penalty reflecting capacity to pay and remedial steps taken.

Court Disposition

Convicted on both charges; fine and costs imposed on primary matter; conviction only with no further penalty on second charge.

Orders

  • ['Company convicted on charge under s 11(1)(b) Occupational Health and Safety Act 2000 and fined $50,000.' 'Order for a moiety to WorkCover of fifty per cent of the fine.' 'Order for costs in favour of WorkCover in the sum of $22,000.' 'Conviction on s 11(1)(a) charge with no further penalty.']