SafeWork NSW v Integrated Agricultural Developments Pty Ltd [2024] NSWDC 243

SafeWork NSW v Integrated Agricultural Developments Pty Ltd [2024] NSWDC 243

IAD's failure to take reasonably practicable steps to minimise the risk of death or serious injury associated with quad bike operation, combined with failure to consult and coordinate with the labour hire provider, constitutes breaches of its duties under ss 19(1) and 46 of the Work Health and Safety Act 2011 (NSW). The level of culpability was assessed as mid-range, with mitigating factors including early guilty plea, remorse, absence of previous convictions, good character and rehabilitation prospects. General and specific deterrence warranted substantial penalties, and no reduction was made for capacity to pay.

Jurisdiction
Australia
Judgment Date
27 June 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed; orders for payment of prosecutor's costs; orders for distribution of fines to prosecutor as per statute.
Legal Topics
['duty of Care' 'consultation Duties' 'risk of Death or Serious Injury' 'mitigating and Aggravating Factors' 'quad Bike Safety' 'penalty Assessment' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['duty of Care' 'consultation Duties' 'risk of Death or Serious Injury' 'mitigating and Aggravating Factors' 'quad Bike Safety' 'penalty Assessment' 'prosecution Costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Integrated Agricultural Developments Pty Ltd failed to comply with its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)' 'Whether Integrated Agricultural Developments Pty Ltd failed to consult, co-operate and co-ordinate activities with LJ Priest under s 46 of the Work Health and Safety Act 2011 (NSW)' 'Assessment of appropriate penalty, taking into account objective seriousness, mitigating and aggravating factors, deterrence, and capacity to pay']

Ratio Decidendi

IAD's failure to take reasonably practicable steps to minimise the risk of death or serious injury associated with quad bike operation, combined with failure to consult and coordinate with the labour hire provider, constitutes breaches of its duties under ss 19(1) and 46 of the Work Health and Safety Act 2011 (NSW). The level of culpability was assessed as mid-range, with mitigating factors including early guilty plea, remorse, absence of previous convictions, good character and rehabilitation prospects. General and specific deterrence warranted substantial penalties, and no reduction was made for capacity to pay.

Court Disposition

Conviction and fines imposed; orders for payment of prosecutor's costs; orders for distribution of fines to prosecutor as per statute.

Orders

  • ['Integrated Agricultural Developments Pty Ltd is convicted under s 19(1) WHS Act; fine of $180,000 imposed (after 25% reduction for early guilty plea).' '50% of the $180,000 fine to be paid to the prosecutor per s 122(2) Fines Act 1996 (NSW).' "Integrated Agricultural Developments Pty Ltd to pay prosecutor's costs...