SafeWork NSW v Silver Raven Pty Ltd [2019] NSWDC 425

SafeWork NSW v Silver Raven Pty Ltd [2019] NSWDC 425

Silver Raven Pty Ltd was convicted for failing to comply with its health and safety duty, exposing workers to a serious risk; key causal factors included lack of adequate training, supervision, PPE, and risk controls. The penalty reflects the need for general deterrence, substantial harm caused, and mitigating actions post-incident.

Parties
Prosecutor: SafeWork NSW; Defendant: Silver Raven Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fine imposed
Legal Topics
Sentencing, Employer Duty, Training and Supervision, Personal Protective Equipment, Risk Control Measures, Prosecution Costs

Case Brief

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Parties

SafeWork NSW

Prosecutor

Silver Raven Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

  1. 1 Failure to comply with health and safety duty under s19(1) Work Health and Safety Act 2011
  2. 2 Exposure of workers to risk of death or serious injury contrary to s32 Work Health and Safety Act 2011
  3. 3 Adequacy of training, supervision, and PPE for hydro-blasting work

Ratio Decidendi

Silver Raven Pty Ltd was convicted for failing to comply with its health and safety duty, exposing workers to a serious risk; key causal factors included lack of adequate training, supervision, PPE, and risk controls. The penalty reflects the need for general deterrence, substantial harm caused, and mitigating actions post-incident.

Court Disposition

Conviction and fine imposed

Orders

  • The offender is convicted.
  • A fine of $225,000 is imposed.