SafeWork NSW v Hiltour Pty Ltd [2018] NSWDC 376

SafeWork NSW v Hiltour Pty Ltd [2018] NSWDC 376

Hiltour Pty Ltd failed to comply with its health and safety duties under s19(1) Work Health and Safety Act 2011 by not training its employee, resulting in substantial injury, and failed to notify SafeWork NSW as required. The seriousness of the injury, lack of training, and procedural failures warranted conviction and fines, mitigated by the guilty plea, remorse, rehabilitation prospects, and cooperation.

Jurisdiction
Australia
Judgment Date
03 December 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed for both offences.
Legal Topics
['prosecution' 'duty of Persons Undertaking Business' 'duty of Employers' 'risk of Serious Injury' 'worker Injured' 'safety Incident Reporting' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'objective Seriousness' 'deterrence' 'substantial Harm' 'no Record of Previous Convictions' 'rehabilitation' 'plea of Guilty' 'assistance to Law Enforcement Authorities' 'remorse' 'lack of Employee Training' 'no Documented Safe Work Procedure' 'risk Control Measures' 'prosecution Costs' 'batching Chemical Compounds' 'chemical Induced Allergic Reaction' 'failure to Report Incident']
['work Health and Safety' 'crime'] ['prosecution' 'duty of Persons Undertaking Business' 'duty of Employers' 'risk of Serious Injury' 'worker Injured' 'safety Incident Reporting' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'objective Seriousness' 'deterrence' 'substantial Harm' 'no Record of Previous Convictions' 'rehabilitation' 'plea of Guilty' 'assistance to Law Enforcement Authorities' 'remorse' 'lack of Employee Training' 'no Documented Safe Work Procedure' 'risk Control Measures' 'prosecution Costs' 'batching Chemical Compounds' 'chemical Induced Allergic Reaction' 'failure to Report 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 / Sentence

Legal Issues

  1. 1 ['Failure to comply with health and safety duty resulting in exposure to risk of death or serious injury contrary to s32 Work Health and Safety Act 2011' 'Failure to notify SafeWork NSW of incident contrary to s38 Work Health and Safety Act 2011' 'Sentencing considerations for work health and safety offences']

Ratio Decidendi

Hiltour Pty Ltd failed to comply with its health and safety duties under s19(1) Work Health and Safety Act 2011 by not training its employee, resulting in substantial injury, and failed to notify SafeWork NSW as required. The seriousness of the injury, lack of training, and procedural failures warranted conviction and fines, mitigated by the guilty plea, remorse, rehabilitation prospects, and cooperation.

Court Disposition

Conviction and fines imposed for both offences.

Orders

  • ['Conviction of both offences.' 'Fine of $45,000 for section 32 offence.' 'Fine of $3,750 for section 38 offence.' 'Pursuant to section 122(2) Fines Act 1996, 50% of fine is to be paid to the prosecutor.' "Offender to pay prosecutor's costs in the sum of $38,000."]