SafeWork NSW v Twin Connect Pty Ltd [2024] NSWDC 568

SafeWork NSW v Twin Connect Pty Ltd [2024] NSWDC 568

Twin Connect Pty Ltd breached its work health and safety duty by failing to implement adequate control measures despite known risks, resulting in serious injury to a worker. Aggravating factors include substantial harm, while mitigating factors reduced the penalty. General deterrence justifies imposing a substantial fine, irrespective of offender’s capacity to pay.

Parties
Prosecutor: SafeWork NSW; Offender: Twin Connect Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Twin Connect Pty Ltd convicted; fine imposed.
Legal Topics
Prosecution of Pcbus, Sentencing Principles, Duty of Employer, Risk of Death or Serious Injury, Capacity to Pay Fine
Criminal Law Work Health and Safety Law Prosecution of Pcbus Sentencing Principles Duty of Employer Risk of Death or Serious Injury Capacity to Pay Fine

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Parties

SafeWork NSW

Prosecutor

Twin Connect Pty Ltd

Offender

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Whether Twin Connect Pty Ltd breached its work health and safety duties under s 32 of the Work Health and Safety Act 2011 (NSW) by failing to ensure worker safety, exposing Amanda Newton to risk of death or serious injury.
  2. 2 Assessment of aggravating and mitigating factors in sentencing.
  3. 3 whether general and specific deterrence warrants a substantial fine given offender's capacity to pay.

Ratio Decidendi

Twin Connect Pty Ltd breached its work health and safety duty by failing to implement adequate control measures despite known risks, resulting in serious injury to a worker. Aggravating factors include substantial harm, while mitigating factors reduced the penalty. General deterrence justifies imposing a substantial fine, irrespective of offender’s capacity to pay.

Court Disposition

Twin Connect Pty Ltd convicted; fine imposed.

Orders

  • Fine of $180,000 imposed on Twin Connect Pty Ltd.
  • Offender to pay prosecutor's costs as agreed or assessed.