SafeWork NSW v Bennett [2022] NSWDC 332

SafeWork NSW v Bennett [2022] NSWDC 332

Mr Bennett, as a person conducting a business or undertaking, failed to take reasonably practicable steps required by the Work Health and Safety Act 2011 (NSW) to eliminate or minimise foreseeable risks posed by crane operations near overhead power lines, including not forbidding unqualified operation, not ensuring site induction, not conducting a proper risk assessment, and not providing qualified supervision or a spotter, which constituted breaches of duty exposing individuals to a risk of death or serious injury, and these breaches were proven beyond reasonable doubt to be significant and substantial contributors to that risk.

Jurisdiction
Australia
Judgment Date
12 August 2022
Procedural Posture
Criminal / Verdict on Liability (orders Made, Sentencing Hearing Pending)
Outcome
Guilty verdicts on both summonses (s 19(1), s 19(2))
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'elements of Offence' 'reasonable Practicability' 'causation in WHS Offences']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'elements of Offence' 'reasonable Practicability' 'causation in WHS Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Verdict on Liability (orders Made, Sentencing Hearing Pending)

Legal Issues

  1. 1 ['Whether the defendant owed a health and safety duty under s 19(1) or s 19(2) of the Work Health and Safety Act 2011 (NSW)' 'Whether the defendant failed to comply with that duty' 'Whether that failure exposed workers or other persons to a risk of death or serious injury' 'What measures were reasonably practicable in the circumstances']

Ratio Decidendi

Mr Bennett, as a person conducting a business or undertaking, failed to take reasonably practicable steps required by the Work Health and Safety Act 2011 (NSW) to eliminate or minimise foreseeable risks posed by crane operations near overhead power lines, including not forbidding unqualified operation, not ensuring site induction, not conducting a proper risk assessment, and not providing qualified supervision or a spotter, which constituted breaches of duty exposing individuals to a risk of death or serious injury, and these breaches were proven beyond reasonable doubt to be significant and substantial contributors to that risk.

Court Disposition

Guilty verdicts on both summonses (s 19(1), s 19(2))

Orders

  • ['The elements set out in the Summons dated 22 October 2020 have been proved beyond reasonable doubt.' 'The defendant Mr Nigel Bennett is found guilty.' 'The matters will be listed for a sentence hearing on a date convenient to the parties.']