SafeWork NSW v HMR Supplies Pty Ltd [2025] NSWDC 25

SafeWork NSW v HMR Supplies Pty Ltd [2025] NSWDC 25

The offenders’ failures to take reasonably practicable steps to ensure health and safety at the workplace, including not segregating pedestrians from forklifts, not ensuring only licensed workers operated forklifts, and not notifying or preserving the incident site, constituted breaches of duties under the Work Health and Safety Act 2011, justifying conviction and the penalties imposed, taking into account aggravating and mitigating factors, the plea of guilty, deterrence, totality, and capacity to pay.

Parties
Prosecutor: SafeWork NSW; Offender: HMR Supplies Pty Ltd; Offender: Berry Campbell; Offender: Georgia Campbell
Jurisdiction
Australia
Judgment Date
19 February 2025
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed on all offenders; training order and costs order also made
Legal Topics
Prosecution, Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Injury to Worker, Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay a Fine, Appropriate Penalty, No Record of Previous Convictions, Good Prospects of Rehabilitation, Remorse, Plea of Guilty, Assistance to Law Enforcement Authorities
Criminal Law Work Health and Safety Prosecution Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Injury to Worker Objective Seriousness +10 more

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

HMR Supplies Pty Ltd

Offender

Berry Campbell

Offender

Georgia Campbell

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether HMR Supplies Pty Ltd, Berry Campbell, and Georgia Campbell contravened their respective health and safety duties under the Work Health and Safety Act 2011 leading to risk of death or serious injury;
  2. 2 Whether HMR failed to notify SafeWork NSW of a notifiable incident, failed to preserve the incident site, and allowed an unauthorised worker to carry out high risk work;
  3. 3 The appropriate penalty having regard to objective seriousness, aggravating/mitigating factors, deterrence, totality, and capacity to pay.

Ratio Decidendi

The offenders’ failures to take reasonably practicable steps to ensure health and safety at the workplace, including not segregating pedestrians from forklifts, not ensuring only licensed workers operated forklifts, and not notifying or preserving the incident site, constituted breaches of duties under the Work Health and Safety Act 2011, justifying conviction and the penalties imposed, taking into account aggravating and mitigating factors, the plea of guilty, deterrence, totality, and capacity to pay.

Court Disposition

Conviction and fines imposed on all offenders; training order and costs order also made

Orders

  • HMR Supplies Pty Ltd is convicted and fined $150,000 (s 32), $5,000 (s 38), $5,000 (s 39), $5,000 (s 43(2)); total $165,000.
  • Berry Campbell is convicted and fined $45,000 (s 32).