SafeWork NSW v Snap Programs Ltd; SafeWork NSW v Department of Communities and Justice [2020] NSWDC 445

SafeWork NSW v Snap Programs Ltd; SafeWork NSW v Department of Communities and Justice [2020] NSWDC 445

Publication of the carer's name together with a description of the incident created a low risk of serious harm to vulnerable current or former clients of the defendant, and the use of a pseudonym or the description 'the carer' would not materially affect open justice because the carer's identity was not essential to understanding the proceeding. However, the evidence did not establish that publication of the corporate defendant's name would create a comparable risk of serious harm, and the public interest in the provision of the defendant's services did not significantly outweigh the public interest in open justice, particularly given the public interest in Work Health and Safety Act...

Jurisdiction
Australia
Judgment Date
29 July 2020
Procedural Posture
Criminal Proceedings Under the Work Health and Safety Act 2011 Involving a Notice of Motion for Suppression And/or Non Publication Orders / Procedural Ruling Before Plea
Outcome
Application granted in part. A non-publication order was made prohibiting publication of the carer's name and requiring pseudonyms for the carer and the young person; suppression or non-publication of the corporate defendant's name was refused.
Legal Topics
['open Justice' 'protection of Safety of Persons' 'public Interest' 'use of Pseudonyms' 'publication of Identity in Criminal Proceedings']
['criminal Procedure' 'suppression and Non Publication Orders' 'work Health and Safety'] ['open Justice' 'protection of Safety of Persons' 'public Interest' 'use of Pseudonyms' 'publication of Identity in Criminal Proceedings']

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Procedural Posture

Criminal Proceedings Under the Work Health and Safety Act 2011 Involving a Notice of Motion for Suppression And/or Non Publication Orders / Procedural Ruling Before Plea

Legal Issues

  1. 1 ['Whether publication or disclosure of information tending to reveal the identity of the corporate defendant should be prohibited or restricted under the Court Suppression and Non-Publication Orders Act 2010.' 'Whether publication of the name of the carer killed in the incident should be prohibited under the Court Suppression and Non-Publication Orders Act 2010.' 'Whether the proposed orders were necessary to protect the safety of any person under s 8(1)(c) of the Court Suppression and Non-Publication Orders Act 2010.' 'Whether it was otherwise necessary in the public interest for the orders to be made and that public interest significantly outweighed the public interest in open justice under s 8(1)(e) of the Court Suppression and Non-Publication Orders Act 2010.']

Ratio Decidendi

Publication of the carer's name together with a description of the incident created a low risk of serious harm to vulnerable current or former clients of the defendant, and the use of a pseudonym or the description 'the carer' would not materially affect open justice because the carer's identity was not essential to understanding the proceeding. However, the evidence did not establish that publication of the corporate defendant's name would create a comparable risk of serious harm, and the public interest in the provision of the defendant's services did not significantly outweigh the public interest in open justice, particularly given the public interest in Work Health and Safety Act...

Court Disposition

Application granted in part. A non-publication order was made prohibiting publication of the carer's name and requiring pseudonyms for the carer and the young person; suppression or non-publication of the corporate defendant's name was refused.

Orders

  • ['The publication of the name of the carer killed in the incident on 5 November 2017 is prohibited.' 'The carer killed in the incident on 5 November 2017 is to be referred to in the proceedings by the pseudonym "Sarah Jones" or by reference to her position "the carer".' 'The young person previously given the...