SafeWork NSW v Greater Civil Pty Ltd [2022] NSWDC 486

SafeWork NSW v Greater Civil Pty Ltd [2022] NSWDC 486

The defendant breached its duties under sections 32 and 38 of the Work Health and Safety Act 2011 (NSW) by exposing workers to an obvious and serious risk of death or injury and failing to notify the regulator of a notifiable incident. The seriousness of the foreseeable harm, ease of available safety measures, the vulnerability of the injured worker, and aggravating circumstances warrant substantial fines, subject to a 25% discount for the utilitarian value of the guilty plea and some leniency for limited capacity to pay.

Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Criminal Prosecution / Sentencing After Guilty Plea
Outcome
The defendant is convicted and fined for breaches of the Work Health and Safety Act 2011 (NSW).
Legal Topics
['sentencing' 'osh Breach' 'plea Discount' 'workplace Injury' 'duty of Care' 'notification of Incident']
['criminal Law' 'work Health and Safety'] ['sentencing' 'osh Breach' 'plea Discount' 'workplace Injury' 'duty of Care' 'notification of Incident']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate penalty for breaches of sections 32 and 38 of the Work Health and Safety Act 2011 (NSW)?' 'What are the aggravating and mitigating factors relevant to sentencing for these offences?' "What is the defendant's capacity to pay a fine and how does it affect sentencing?"]

Ratio Decidendi

The defendant breached its duties under sections 32 and 38 of the Work Health and Safety Act 2011 (NSW) by exposing workers to an obvious and serious risk of death or injury and failing to notify the regulator of a notifiable incident. The seriousness of the foreseeable harm, ease of available safety measures, the vulnerability of the injured worker, and aggravating circumstances warrant substantial fines, subject to a 25% discount for the utilitarian value of the guilty plea and some leniency for limited capacity to pay.

Court Disposition

The defendant is convicted and fined for breaches of the Work Health and Safety Act 2011 (NSW).

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the section 32 offence is $800,000.00, reduced by 25% for the utilitarian value of the guilty plea.' 'Accordingly, the defendant is ordered to pay a fine of $600,000.00 for the section 32 offence.' 'The appropriate fine for the section 38 offence is...