SafeWork NSW v Grey Colt Pty Ltd [2019] NSWDC 68

SafeWork NSW v Grey Colt Pty Ltd [2019] NSWDC 68

Grey Colt Pty Ltd was convicted as it failed to comply with its health and safety duties under s 19(1) of the Work Health and Safety Act 2011, exposing a worker to foreseeable risk of serious injury, and further failed to notify the regulator of a notifiable incident as required by s 38; fines imposed were discounted due to early guilty pleas and evidence of contrition and remedial action.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted; fines and costs imposed.
Legal Topics
['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'notification of Notifiable Incident' 'risk of Death or Serious Injury' 'sentencing Principles' 'prosecution Costs']
['criminal Law' 'work Health and Safety Law'] ['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'notification of Notifiable Incident' 'risk of Death or Serious Injury' 'sentencing Principles' 'prosecution Costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Grey Colt Pty Ltd failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011, exposing a worker to a risk of death or serious injury' 'Whether Grey Colt Pty Ltd failed to notify SafeWork NSW of a notifiable incident as required under s 38 of the Work Health and Safety Act 2011' 'Appropriate penalty for the offences']

Ratio Decidendi

Grey Colt Pty Ltd was convicted as it failed to comply with its health and safety duties under s 19(1) of the Work Health and Safety Act 2011, exposing a worker to foreseeable risk of serious injury, and further failed to notify the regulator of a notifiable incident as required by s 38; fines imposed were discounted due to early guilty pleas and evidence of contrition and remedial action.

Court Disposition

Offender convicted; fines and costs imposed.

Orders

  • ['Offender convicted of both offences.' 'Fine of $22,500 for the s 32 offence.' 'Fine of $1,500 for the s 38 offence.' 'Pursuant to s 122(2) of the Fines Act 1996, 50% of the fine to be paid to the prosecutor.' "Offender to pay prosecutor's costs of $35,000."]