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
Summary, issues, holding and outcome
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Parties
SafeWork NSW
Prosecutor
Silver Raven Pty Ltd
Defendant
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Failure to comply with health and safety duty under s19(1) Work Health and Safety Act 2011
- 2 Exposure of workers to risk of death or serious injury contrary to s32 Work Health and Safety Act 2011
- 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.
Full Case Text
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