SafeWork NSW v Thermal Electric Elements Pty Ltd [2017] NSWDC 62

SafeWork NSW v Thermal Electric Elements Pty Ltd [2017] NSWDC 62

The defendant is liable for failing to comply with duties under s 19(1) of the Work Health and Safety Act 2011, resulting in foreseeable risk and actual serious injury to a vulnerable work experience student due to inadequate safety settings, training and supervision. General and specific deterrence along with the serious nature of the injury, but also mitigating factors such as a guilty plea, lack of prior conviction, and post-incident improvements, inform the penalty imposed.

Parties
Prosecutor: SafeWork New South Wales; Defendant: Thermal Electric Elements Pty Ltd
Jurisdiction
Australia
Judgment Date
24 March 2017
Procedural Posture
Criminal / Sentence
Outcome
The defendant is convicted and fined.
Legal Topics
Work Experience Placement, CNC Brake Press, Crush Zone Injury, Training and Supervision, Workplace Safety, Foreseeability of Risk, Deterrence, Plea of Guilty
Work Health and Safety Criminal Law Work Experience Placement CNC Brake Press Crush Zone Injury Training and Supervision Workplace Safety Foreseeability of Risk +2 more

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Parties

SafeWork New South Wales

Prosecutor

Thermal Electric Elements Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant breached a duty under s 19(1) of the Work Health and Safety Act 2011 resulting in workplace injury
  2. 2 Assessment of foreseeability of risk and adequacy of available preventive measures
  3. 3 Proper consideration of aggravating and mitigating sentencing factors

Ratio Decidendi

The defendant is liable for failing to comply with duties under s 19(1) of the Work Health and Safety Act 2011, resulting in foreseeable risk and actual serious injury to a vulnerable work experience student due to inadequate safety settings, training and supervision. General and specific deterrence along with the serious nature of the injury, but also mitigating factors such as a guilty plea, lack of prior conviction, and post-incident improvements, inform the penalty imposed.

Court Disposition

The defendant is convicted and fined.

Orders

  • The defendant is convicted and fined the sum of $250,000 with a moiety to the prosecutor.
  • The defendant is to pay the prosecutor's costs as agreed or assessed.