SafeWork NSW v Onsite Rental Group Operations Pty Ltd [2021] NSWDC 338

SafeWork NSW v Onsite Rental Group Operations Pty Ltd [2021] NSWDC 338

Onsite Rental Group Operations Pty Ltd, being a person conducting a business, failed to comply with its health and safety duty under the Work Health and Safety Act 2011 (NSW) by not having a written procedure prohibiting or guiding inspections in proximity to power lines and by not implementing reasonably practicable safety measures. The offence is at the low end of objective seriousness due to existing safety systems and reminders, but there was an error in concluding that storage without inspection near power lines was safe. The defendant is convicted and fined $150,000 after a 25% discount for an early guilty plea.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and penalty imposed
Legal Topics
['sentencing' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'general and Specific Deterrence' 'mitigating and Aggravating Factors' 'capacity to Pay' 'totality of Sentence' 'parity']
['criminal Law' 'work Health and Safety'] ['sentencing' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'general and Specific Deterrence' 'mitigating and Aggravating Factors' 'capacity to Pay' 'totality of Sentence' 'parity']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Whether Onsite Rental Group Operations Pty Ltd failed to comply with its health and safety duty under s 19(1) Work Health and Safety Act 2011 (NSW) by exposing a worker to a risk of death or serious injury' 'Assessment of objective seriousness of the offence' 'Appropriate penalty considering aggravating and mitigating factors']

Ratio Decidendi

Onsite Rental Group Operations Pty Ltd, being a person conducting a business, failed to comply with its health and safety duty under the Work Health and Safety Act 2011 (NSW) by not having a written procedure prohibiting or guiding inspections in proximity to power lines and by not implementing reasonably practicable safety measures. The offence is at the low end of objective seriousness due to existing safety systems and reminders, but there was an error in concluding that storage without inspection near power lines was safe. The defendant is convicted and fined $150,000 after a 25% discount for an early guilty plea.

Court Disposition

Conviction and penalty imposed

Orders

  • ['The defendant is convicted.' 'The appropriate fine is $200,000, reduced by 25% to reflect the early plea.' 'The defendant is to pay a fine of $150,000.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' "Pursuant to s 257B of the Criminal Procedure Act...