Grasso Consulting Engineers Pty Ltd v SafeWork NSW; Grasso v SafeWork NSW [2021] NSWCCA 288

Grasso Consulting Engineers Pty Ltd v SafeWork NSW; Grasso v SafeWork NSW [2021] NSWCCA 288

The convictions must be quashed because the prosecution failed to establish that the appellants' failure to undertake computer modelling or to clarify their advice was a substantial and significant cause of the risk to the demolition workers. The evidence established that the actual demolition sequence was decided independently, and there was no evidence that, had the appellants' advice been followed, the risk would have still arisen. The causation element of s 32 WHS Act was not satisfied.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction From District Court
Outcome
appeal allowed, convictions quashed
Legal Topics
['offences Under the Work Health and Safety Act' 'causation in Work Health and Safety Prosecutions' 'engineering Advice and Liability' 'elements of Category 2 Offence Under S 32' 'strict Liability Offences' 'computational Modelling as a Safety Measure']
['employment and Industrial Law' 'work Health and Safety' 'criminal Law'] ['offences Under the Work Health and Safety Act' 'causation in Work Health and Safety Prosecutions' 'engineering Advice and Liability' 'elements of Category 2 Offence Under S 32' 'strict Liability Offences' 'computational Modelling as a Safety Measure']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From District Court

Legal Issues

  1. 1 ['Whether the appellants failed to comply with a health and safety duty under s 19(2) and s 27 of the Work Health and Safety Act 2011 (NSW)' 'Whether any such failure exposed individuals to a risk of death or serious injury (causation element under s 32)' 'Whether the factual findings supported convictions for offences under s 32' 'Whether computer modelling was a required reasonably practicable step']

Ratio Decidendi

The convictions must be quashed because the prosecution failed to establish that the appellants' failure to undertake computer modelling or to clarify their advice was a substantial and significant cause of the risk to the demolition workers. The evidence established that the actual demolition sequence was decided independently, and there was no evidence that, had the appellants' advice been followed, the risk would have still arisen. The causation element of s 32 WHS Act was not satisfied.

Court Disposition

appeal allowed, convictions quashed

Orders

  • ['The appeal is allowed (both GCE and Grasso).' 'The convictions are quashed.' "The respondent is to pay the appellant's costs in the District Court."]