SafeWork NSW v Southern Meats Pty Ltd [2021] NSWDC 192
Evidence of steps taken by the defendant after the incident is admissible as it is relevant to the assessment of whether particularised steps were reasonably practicable under the Work Health and Safety Act; the risk of unfair prejudice can be managed and does not outweigh probative value.
- Jurisdiction
- Australia
- Judgment Date
- 21 May 2021
- Procedural Posture
- Criminal / Procedural Ruling During Trial (voir Dire)
- Outcome
- Application allowed; evidence of post-incident steps admissible
- Legal Topics
- ['admissibility of Evidence' 'duty of Persons Undertaking Business' 'risk Assessment' 'reasonable Practicability']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Procedural Ruling During Trial (voir Dire)
Legal Issues
- 1 ["Whether evidence of post-incident changes to defendant's systems of work is admissible" 'Relevance of post-incident steps to reasonable practicability under WH&S Act' 'Risk of unfair prejudice in admitting post-incident evidence']
Ratio Decidendi
Evidence of steps taken by the defendant after the incident is admissible as it is relevant to the assessment of whether particularised steps were reasonably practicable under the Work Health and Safety Act; the risk of unfair prejudice can be managed and does not outweigh probative value.
Court Disposition
Application allowed; evidence of post-incident steps admissible
Orders
- ['I find that evidence as to steps taken by the defendant after the incident is admissible and I allow the prosecutor to adduce such evidence.']
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