Inspector Christensen v Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Limited) [2014] NSWIRComm 42

Inspector Christensen v Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Limited) [2014] NSWIRComm 42

Lend Lease, as principal contractor, failed to conduct or require a further risk assessment after the method of work changed, exposing non-employees to foreseeable risk of injury, which resulted in death and serious injuries. This failure, contrary to its own safety policies and the requirements of s 8(2) of the Occupational Health and Safety Act 2000, was causally related to the risk and constituted a serious breach—albeit not within the most severe category because of systems in place and shared culpability with subcontractors. Penalty was assessed with regard to objective and subjective factors, aggravating features (notably prior convictions and actual harm), and some mitigation for...

Parties
Prosecutor: Inspector Madeline Christensen; Defendant: Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Limited)
Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Prosecution (occupational Health and Safety) / Sentencing Decision After Conviction
Outcome
Conviction and penalty (fine) imposed on the defendant.
Legal Topics
Risk Assessment, Duty of Care, Principal Contractor Liability, Foreseeable Risk, Criminal Responsibility of Corporations, Aggravating and Mitigating Factors, Parity in Sentencing
Occupational Health and Safety Industrial Law Sentencing Risk Assessment Duty of Care Principal Contractor Liability Foreseeable Risk Criminal Responsibility of Corporations +2 more

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Parties

Inspector Madeline Christensen

Prosecutor

Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Limited)

Defendant

Procedural Posture

Prosecution (occupational Health and Safety) / Sentencing Decision After Conviction

Legal Issues

  1. 1 Whether Lend Lease failed to conduct a fresh risk assessment after a change to work method, exposing workers to risk in breach of s 8(2) of the Occupational Health and Safety Act 2000
  2. 2 Appropriate penalty, and factors aggravating or mitigating that penalty

Ratio Decidendi

Lend Lease, as principal contractor, failed to conduct or require a further risk assessment after the method of work changed, exposing non-employees to foreseeable risk of injury, which resulted in death and serious injuries. This failure, contrary to its own safety policies and the requirements of s 8(2) of the Occupational Health and Safety Act 2000, was causally related to the risk and constituted a serious breach—albeit not within the most severe category because of systems in place and shared culpability with subcontractors. Penalty was assessed with regard to objective and subjective factors, aggravating features (notably prior convictions and actual harm), and some mitigation for...

Court Disposition

Conviction and penalty (fine) imposed on the defendant.

Orders

  • In Matter Number IRC 279 of 2014, the defendant is convicted of the offence charged under s 8(2) of the Occupational Health and Safety Act 2000.
  • In Matter Number IRC 279 of 2011, the defendant is fined in the sum of $200,000 with a moiety to the prosecutor.