SafeWork NSW v Miller Logistics Pty Ltd [2024] NSWDC 119

SafeWork NSW v Miller Logistics Pty Ltd [2024] NSWDC 119

Miller Logistics Pty Ltd failed to take reasonably practicable measures to eliminate or minimise the risk of serious injury to workers from forklift operations, in breach of its statutory duty under s 19 of the Work Health and Safety Act 2011 (NSW), thereby exposing a worker to harm and warranting a conviction and significant fine for mid-range culpability, primarily for general deterrence.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and fined
Legal Topics
['prosecution' 'duty of Care' 'work Health and Safety' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'deterrence' 'capacity to Pay' 'costs' 'forklift Accident' 'traffic Management' 'injury at Work']
['criminal Law' 'work Health and Safety Law'] ['prosecution' 'duty of Care' 'work Health and Safety' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'deterrence' 'capacity to Pay' 'costs' 'forklift Accident' 'traffic Management' 'injury at Work']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Miller Logistics Pty Ltd failed to comply with its duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby exposed workers to a risk of death or serious injury in contravention of s 32 of the Act.' 'Objective seriousness and appropriate penalty for breaching work health and safety duty leading to serious injury.']

Ratio Decidendi

Miller Logistics Pty Ltd failed to take reasonably practicable measures to eliminate or minimise the risk of serious injury to workers from forklift operations, in breach of its statutory duty under s 19 of the Work Health and Safety Act 2011 (NSW), thereby exposing a worker to harm and warranting a conviction and significant fine for mid-range culpability, primarily for general deterrence.

Court Disposition

Convicted and fined

Orders

  • ['Miller Logistics Pty Ltd is convicted.' 'Miller Logistics Pty Ltd to pay a fine of $450,000.' 'Pursuant to Section 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' "Miller Logistics Pty Ltd to pay the prosecutor's costs." 'Solicitor for the prosecutor to send a copy of this...