SafeWork NSW v MACFIN Building Solutions Pty Ltd [2020] NSWDC 776

SafeWork NSW v MACFIN Building Solutions Pty Ltd [2020] NSWDC 776

The defendant, by failing to take reasonably practicable steps to prevent the risk of a fall from height (by omitting adequate fall protection, inductions, and a site-specific Safe Work Method Statement), breached its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), thereby exposing workers to a risk of death or serious injury, which eventuated in the fatal injury of a worker. The offence is objectively serious, located at the mid-range, and warrants a substantial fine, mitigated by the defendant's early guilty plea and limited capacity to pay.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Sentence
Outcome
Conviction; fine imposed; no order as to costs
Legal Topics
['risk of Death or Serious Injury' 'duty of Person Undertaking Business' 'reasonable Practicability' 'likelihood of Risk' 'work Health and Safety Management Systems' 'fall Protection']
['criminal Law' 'work Health and Safety'] ['risk of Death or Serious Injury' 'duty of Person Undertaking Business' 'reasonable Practicability' 'likelihood of Risk' 'work Health and Safety Management Systems' 'fall Protection']

Case Brief

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Procedural Posture

Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to comply with health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)' 'Whether such failure exposed workers to a risk of death or serious injury' 'Appropriate penalty given the circumstances of the offence']

Ratio Decidendi

The defendant, by failing to take reasonably practicable steps to prevent the risk of a fall from height (by omitting adequate fall protection, inductions, and a site-specific Safe Work Method Statement), breached its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), thereby exposing workers to a risk of death or serious injury, which eventuated in the fatal injury of a worker. The offence is objectively serious, located at the mid-range, and warrants a substantial fine, mitigated by the defendant's early guilty plea and limited capacity to pay.

Court Disposition

Conviction; fine imposed; no order as to costs

Orders

  • ['The defendant is convicted.' 'The appropriate fine is $200,000.00 and that will be reduced by 25% to reflect a plea of guilty.' 'Accordingly, I order defendant pay a fine of $150,000.00.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' 'I make no order...