SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 791

SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 791

The offence was of considerable objective gravity. The installation and maintenance of edge protection systems by the offender failed to prevent the existence of a known void through which a worker, Mr Posa, fell and suffered significant injuries. The risk was foreseeable, practical measures were available, and the offender was in a position to implement those measures. Aggravating and mitigating factors, compliance history, cooperation, post-incident conduct, parity, and the legislative purposes of deterrence and protection of workers' safety were taken into account. The offender was convicted and fined $300,000, with costs orders reflecting responsibility for delays and thrown away costs.

Parties
Prosecutor: Department of Customer Service; Defendant: Poletti Corporation Pty Limited
Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
The offender is convicted and fined $300,000. Orders as to costs are made as set out.
Legal Topics
Duty of PCBU to Other Persons, Risk of Death or Serious Injury, Injury of Worker, Objective Seriousness, Aggravating and Mitigating Factors, Parity, Costs, Vacation of Hearing Date, Preparation of Expert Report
Criminal Law Work Health and Safety Sentencing Duty of PCBU to Other Persons Risk of Death or Serious Injury Injury of Worker Objective Seriousness Aggravating and Mitigating Factors +4 more

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Parties

Department of Customer Service

Prosecutor

Poletti Corporation Pty Limited

Defendant

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 What is the appropriate sentence for Poletti Corporation Pty Ltd for an offence under section 32 of the Work Health and Safety Act 2011
  2. 2 Whether the offender's conduct reached the threshold of objective seriousness justifying the penalty imposed
  3. 3 What aggravating and mitigating factors are relevant in sentencing

Ratio Decidendi

The offence was of considerable objective gravity. The installation and maintenance of edge protection systems by the offender failed to prevent the existence of a known void through which a worker, Mr Posa, fell and suffered significant injuries. The risk was foreseeable, practical measures were available, and the offender was in a position to implement those measures. Aggravating and mitigating factors, compliance history, cooperation, post-incident conduct, parity, and the legislative purposes of deterrence and protection of workers' safety were taken into account. The offender was convicted and fined $300,000, with costs orders reflecting responsibility for delays and thrown away costs.

Court Disposition

The offender is convicted and fined $300,000. Orders as to costs are made as set out.

Orders

  • The offender is convicted.
  • A fine of $300,000 is imposed.