SafeWork NSW v Perry's Roofing Pty Ltd [2022] NSWDC 261

SafeWork NSW v Perry's Roofing Pty Ltd [2022] NSWDC 261

Perry's Roofing Pty Ltd was highly culpable because it knew generally of the risk posed by overhead power lines, the power lines at the site were visible, no steps were taken to deal with the obvious hazard, guidance material was available, young and relatively inexperienced workers were dismantling its own handrails near the power lines, the potential consequences were death or serious injury, and simple well-known measures to eliminate or minimise the risk were readily available without great burden. Although the acts or omissions of Riverwall, Mr Dedes and Prime Metal contributed to the existence of the risk and the company's financial position warranted moderation, the seriousness of...

Jurisdiction
Australia
Judgment Date
14 July 2022
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence After Early Plea of Guilty
Outcome
Perry's Roofing Pty Ltd was convicted and ordered to pay a fine of $450,000, with 50% of the fine to be paid to the prosecutor, and to pay the prosecutor's costs. The application for an order under s 238 of the Work Health and Safety Act 2011 (NSW) was declined.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'working Near Energised Overhead Power Lines' 'safe Work Method Statement' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'victim Impact Statements' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'working Near Energised Overhead Power Lines' 'safe Work Method Statement' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'victim Impact Statements' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ["Whether Perry's Roofing Pty Ltd failed to comply with its work health and safety 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 contrary to s 32 of the Act." "The objective seriousness and culpability of Perry's Roofing Pty Ltd for failing to address the risk posed by energised overhead power lines during roofing work and dismantling edge protection." 'The appropriate sentence having regard to aggravating and mitigating factors, including the early plea of guilty, remorse, cooperation, lack of prior convictions, rehabilitation prospects, deterrence, victim impact statements and capacity to pay.' "Whether an order should be made under s 238 of the Work Health and Safety Act 2011 (NSW) requiring Perry's Roofing Pty Ltd to fund an educational video." "Whether Perry's Roofing Pty Ltd should pay the prosecutor's costs and whether part of the fine should be paid to the prosecutor."]

Ratio Decidendi

Perry's Roofing Pty Ltd was highly culpable because it knew generally of the risk posed by overhead power lines, the power lines at the site were visible, no steps were taken to deal with the obvious hazard, guidance material was available, young and relatively inexperienced workers were dismantling its own handrails near the power lines, the potential consequences were death or serious injury, and simple well-known measures to eliminate or minimise the risk were readily available without great burden. Although the acts or omissions of Riverwall, Mr Dedes and Prime Metal contributed to the existence of the risk and the company's financial position warranted moderation, the seriousness of...

Court Disposition

Perry's Roofing Pty Ltd was convicted and ordered to pay a fine of $450,000, with 50% of the fine to be paid to the prosecutor, and to pay the prosecutor's costs. The application for an order under s 238 of the Work Health and Safety Act 2011 (NSW) was declined.

Orders

  • ["Perry's Roofing Pty Ltd is convicted." 'The appropriate fine is $600,000 but that will be reduced by 25% to reflect the early plea of guilty.' "Order Perry's Roofing Pty Ltd to pay a fine of $450,000." 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the...