SafeWork NSW v Riverwall Constructions Pty Ltd [2022] NSWDC 408

SafeWork NSW v Riverwall Constructions Pty Ltd [2022] NSWDC 408

Riverwall Constructions Pty Ltd, having a work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), failed to comply with that duty and thereby exposed workers to the risk of death or serious injury. The failure to take simple, well-known steps to prevent the risk, the foreseeability of danger, and the consequences resulted in a finding of high objective seriousness and warranted a significant penalty, mitigated by early guilty plea and other factors.

Parties
Prosecutor: SafeWork NSW; Defendant: Riverwall Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence imposed.
Legal Topics
Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Sentence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Capacity to Pay Penalty, Prosecution Costs
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Sentence Objective Seriousness Mitigating Factors Aggravating Factors +5 more

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Parties

SafeWork NSW

Prosecutor

Riverwall Constructions Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Riverwall Constructions Pty Ltd failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether such failure exposed workers to risk of death or serious injury contrary to s 32 of the Act
  3. 3 What is the objective seriousness of the offence and the appropriate penalty

Ratio Decidendi

Riverwall Constructions Pty Ltd, having a work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), failed to comply with that duty and thereby exposed workers to the risk of death or serious injury. The failure to take simple, well-known steps to prevent the risk, the foreseeability of danger, and the consequences resulted in a finding of high objective seriousness and warranted a significant penalty, mitigated by early guilty plea and other factors.

Court Disposition

Conviction and sentence imposed.

Orders

  • Riverwall Constructions Pty Ltd convicted on 30 August 2022.
  • Riverwall Constructions Pty Ltd fined $600,000 (after 25% reduction for guilty plea).