SafeWork NSW v Hadcon Constructions Pty Ltd [2020] NSWDC 316

SafeWork NSW v Hadcon Constructions Pty Ltd [2020] NSWDC 316

The defendant breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not adequately implementing and enforcing work health and safety procedures, failing to prevent unauthorised alterations to scaffolding, and failing to provide adequate information, training and supervision, which resulted in a foreseeable and serious risk, exemplified by the fatal fall of Mr Alizada. The seriousness of the offence, the admitted breach, and the need for both general and specific deterrence warranted a significant penalty, but the defendant’s plea, cooperation, contrition, and smaller entity status justified a reduced fine.

Parties
Prosecutor: SafeWork New South Wales; Defendant: Hadcon Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Defendant convicted. Fine imposed with discount for guilty plea. Costs ordered.
Legal Topics
Prosecution, Work Health and Safety, Duty of Persons Undertaking a Business, Risk of Death or Serious Injury, Sentence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, Discount for Plea, General Deterrence, Specific Deterrence, Penalty, Remorse, Contrition, Prosecution Costs
Criminal Law Work Health and Safety Law Prosecution Work Health and Safety Duty of Persons Undertaking a Business Risk of Death or Serious Injury Sentence Objective Seriousness +10 more

Case Brief

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Parties

SafeWork New South Wales

Prosecutor

Hadcon Constructions Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant failed to comply with its health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether such failure exposed workers to a risk of death or serious injury
  3. 3 Appropriate penalty in light of mitigating and aggravating factors

Ratio Decidendi

The defendant breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not adequately implementing and enforcing work health and safety procedures, failing to prevent unauthorised alterations to scaffolding, and failing to provide adequate information, training and supervision, which resulted in a foreseeable and serious risk, exemplified by the fatal fall of Mr Alizada. The seriousness of the offence, the admitted breach, and the need for both general and specific deterrence warranted a significant penalty, but the defendant’s plea, cooperation, contrition, and smaller entity status justified a reduced fine.

Court Disposition

Defendant convicted. Fine imposed with discount for guilty plea. Costs ordered.

Orders

  • The defendant is convicted.
  • The appropriate fine for the defendant would be $120,000.00 and that will be reduced by 25% to reflect a plea of guilty.