SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237

SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237

'Other persons' in s 19(2) of the Work Health and Safety Act 2011 refers to persons other than 'workers' as defined by s 7 and s 19(1). The Regal workers were 'workers' within this meaning; thus, s 19(2) does not apply, and the prosecution under this subsection must be dismissed.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal Prosecution / Final Judgment
Outcome
Summons dismissed; costs ordered against the prosecutor.
Legal Topics
['duty of Pcbu' 'interpretation of S 19(2) Work Health and Safety Act 2011' "scope of 'other Persons'" 'category 2 Offence Under S 32']
['criminal Law' 'work Health and Safety'] ['duty of Pcbu' 'interpretation of S 19(2) Work Health and Safety Act 2011' "scope of 'other Persons'" 'category 2 Offence Under S 32']

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Procedural Posture

Criminal Prosecution / Final Judgment

Legal Issues

  1. 1 ['Whether s 19(2) Work Health and Safety Act 2011 imposes a duty on the principal contractor (Rawson) to employees of its contractor (Regal)' "Whether the Regal workers are 'workers' under s 19(1) or 'other persons' under s 19(2) of the Act"]

Ratio Decidendi

'Other persons' in s 19(2) of the Work Health and Safety Act 2011 refers to persons other than 'workers' as defined by s 7 and s 19(1). The Regal workers were 'workers' within this meaning; thus, s 19(2) does not apply, and the prosecution under this subsection must be dismissed.

Court Disposition

Summons dismissed; costs ordered against the prosecutor.

Orders

  • ['The Summons issued on 2 September 2015 be dismissed.' "The Prosecutor is to pay the defendant's costs as agreed or assessed."]