SafeWork NSW v HD Projects Pty Ltd [2021] NSWDC 126

SafeWork NSW v HD Projects Pty Ltd [2021] NSWDC 126

HD Projects Pty Ltd breached its duty under s 32 Work Health and Safety Act 2011 by failing to ensure simple and inexpensive safety measures, identified in its own policies, were implemented, exposing workers to known risk of death or serious injury, resulting in injury. The breach, combined with the objective seriousness, aggravating and mitigating factors, justified conviction and imposition of a substantial fine to serve both general and specific deterrence.

Jurisdiction
Australia
Judgment Date
16 April 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
['work Health and Safety—duty of Employers' 'risk of Death or Serious Injury' 'workers Injured' 'sentencing—deterrence' 'aggravating Factors' 'mitigating Factors' 'rehabilitation' 'remorse' 'parity']
['criminal Law' 'work Health and Safety Law'] ['work Health and Safety—duty of Employers' 'risk of Death or Serious Injury' 'workers Injured' 'sentencing—deterrence' 'aggravating Factors' 'mitigating Factors' 'rehabilitation' 'remorse' 'parity']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether HD Projects Pty Ltd breached its duty under s 32 of Work Health and Safety Act 2011' 'Appropriate penalty for breach of duty resulting in risk and injury to workers']

Ratio Decidendi

HD Projects Pty Ltd breached its duty under s 32 Work Health and Safety Act 2011 by failing to ensure simple and inexpensive safety measures, identified in its own policies, were implemented, exposing workers to known risk of death or serious injury, resulting in injury. The breach, combined with the objective seriousness, aggravating and mitigating factors, justified conviction and imposition of a substantial fine to serve both general and specific deterrence.

Court Disposition

Conviction and fine imposed

Orders

  • ['HD Projects Pty Ltd is convicted.' 'HD Projects Pty Ltd to pay a fine of $170,000.' "HD Projects Pty Ltd to pay prosecutor's costs as agreed or assessed." '50% of the fine is to be paid to the prosecutor pursuant to s 122(2) Fines Act 1996.']