SafeWork NSW v HLH NSW Pty Ltd [2023] NSWDC 501

SafeWork NSW v HLH NSW Pty Ltd [2023] NSWDC 501

HLH NSW Pty Ltd failed to enforce its WHS management system, specifically regarding training, induction, risk assessment, and consultation before placing a worker, which constituted a breach of its health and safety duty under s 33 and s 19(1) of the Work Health and Safety Act 2011. The failure was partially explained by impacts from COVID-19 but nevertheless required sentencing for general deterrence. The defendant’s plea of guilty, remorse, rehabilitation, and lack of prior convictions warranted a penalty discount.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Convicted and fined
Legal Topics
['work Health and Safety' 'duty of Business Operators' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing Principles' 'remorse' 'rehabilitation' 'plea of Guilty']
['criminal Law' 'work Health and Safety'] ['work Health and Safety' 'duty of Business Operators' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing Principles' 'remorse' 'rehabilitation' 'plea of Guilty']

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Did HLH NSW Pty Ltd fail to comply with its health and safety duty under the Work Health and Safety Act 2011?' 'What is the appropriate sentence for the defendant’s failure to comply with its WHS duty?']

Ratio Decidendi

HLH NSW Pty Ltd failed to enforce its WHS management system, specifically regarding training, induction, risk assessment, and consultation before placing a worker, which constituted a breach of its health and safety duty under s 33 and s 19(1) of the Work Health and Safety Act 2011. The failure was partially explained by impacts from COVID-19 but nevertheless required sentencing for general deterrence. The defendant’s plea of guilty, remorse, rehabilitation, and lack of prior convictions warranted a penalty discount.

Court Disposition

Convicted and fined

Orders

  • ['HLH NSW Pty Ltd is convicted.' 'A fine of $82,500 is imposed.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The offender is to pay the prosecutor's costs of the proceedings as agreed or assessed."]