SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 160

SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 160

The defendant failed to undertake a risk assessment, delineate exclusion zones or implement an adequate SWMS to minimise or eliminate the obvious risk posed by the unsupported brick wall, and these steps were reasonably practicable. The defendant's omission exposed Mr Tran to a risk of death or serious injury, establishing guilt beyond reasonable doubt under s32 WHS Act 2011.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal Prosecution / Liability Determination (verdict, Pre Sentence)
Outcome
Guilty verdict (liability established); sentencing to proceed.
Legal Topics
['health and Safety Duty' 'strict Liability Offence' 'risk Assessment' 'site Safety' 'duty of Care' 'reasonably Practicable Steps' 'failure to Comply With WHS Duty' 'exposure to Risk of Death or Serious Injury']
['criminal Law' 'work Health and Safety Law'] ['health and Safety Duty' 'strict Liability Offence' 'risk Assessment' 'site Safety' 'duty of Care' 'reasonably Practicable Steps' 'failure to Comply With WHS Duty' 'exposure to Risk of Death or Serious Injury']

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 Prosecution / Liability Determination (verdict, Pre Sentence)

Legal Issues

  1. 1 ['Did NSW Bricklaying Pty Ltd owe a health and safety duty under s19(2) WHS Act 2011?' 'Did the defendant fail to comply with that duty by failing to undertake reasonably practicable steps to eliminate or minimise risk?' 'Did the breach expose an individual (Mr Tran) to the risk of death or serious injury?']

Ratio Decidendi

The defendant failed to undertake a risk assessment, delineate exclusion zones or implement an adequate SWMS to minimise or eliminate the obvious risk posed by the unsupported brick wall, and these steps were reasonably practicable. The defendant's omission exposed Mr Tran to a risk of death or serious injury, establishing guilt beyond reasonable doubt under s32 WHS Act 2011.

Court Disposition

Guilty verdict (liability established); sentencing to proceed.

Orders

  • ['NSW Bricklaying Pty Ltd found guilty of the charged offence.' 'The Court will hear the prosecutor on sentence.']