SafeWork NSW v K & R Fabrications (W’Gong) Pty Limited [2019] NSWDC 238

SafeWork NSW v K & R Fabrications (W’Gong) Pty Limited [2019] NSWDC 238

The defendant owed a health and safety duty to its workers under s 19(1) of the Work Health and Safety Act 2011 (NSW), failed to comply with its duty by not taking reasonably practicable steps such as properly updating risk assessments and restraining the bearing housing, and this failure exposed workers to the risk of death or serious injury. The prosecution proved all elements of the offence under s 32 beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Prosecution / Liability Determination (judgment Following Trial, Before Sentencing)
Outcome
Guilty; Offence proved beyond reasonable doubt; Sentencing listed for hearing.
Legal Topics
['strict Liability Offences' 'duty of Care' 'risk Assessment' 'reasonably Practicable' 'workplace Injury' 'safe Systems of Work' 'corporate Criminal Responsibility' 'elements of Offence']
['work Health and Safety' 'criminal Law'] ['strict Liability Offences' 'duty of Care' 'risk Assessment' 'reasonably Practicable' 'workplace Injury' 'safe Systems of Work' 'corporate Criminal Responsibility' 'elements of Offence']

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Procedural Posture

Criminal Prosecution / Liability Determination (judgment Following Trial, Before Sentencing)

Legal Issues

  1. 1 ['Did the defendant owe a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) to certain workers?' 'Did the defendant fail to comply with that duty by not taking reasonably practicable steps?' "Did the defendant's failure expose the workers to the risk of death or serious injury?"]

Ratio Decidendi

The defendant owed a health and safety duty to its workers under s 19(1) of the Work Health and Safety Act 2011 (NSW), failed to comply with its duty by not taking reasonably practicable steps such as properly updating risk assessments and restraining the bearing housing, and this failure exposed workers to the risk of death or serious injury. The prosecution proved all elements of the offence under s 32 beyond reasonable doubt.

Court Disposition

Guilty; Offence proved beyond reasonable doubt; Sentencing listed for hearing.

Orders

  • ['The elements of the offence set out in the Amended Summons have been proved beyond a reasonable doubt.' "K & R Fabrications (W'Gong) Pty Ltd found guilty of the offence." 'Matter to be listed for sentencing hearing on a date convenient to the parties.']