SafeWork NSW v TJN Construction Group Pty Ltd [2024] NSWDC 563

SafeWork NSW v TJN Construction Group Pty Ltd [2024] NSWDC 563

The defendant, as a principal contractor and PCBU, failed in its non-delegable statutory duty to ensure, so far as was reasonably practicable, the health and safety of its workers by not conducting a risk assessment, not implementing adequate control measures and supervision, and not providing appropriate PPE, training, or emergency resources, thereby exposing workers to an obvious risk of serious injury. The objective seriousness was high, mitigation steps were straightforward, the actual injuries were grave, and general and specific deterrence require a substantial penalty, moderated for plea and capacity to pay.

Parties
Prosecutor: SafeWork NSW; Defendant: TJN Construction Group Pty Ltd
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and fined; costs ordered
Legal Topics
Prosecution, Work Health and Safety, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Recklessness, Sentence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, Appropriate Discount, General Deterrence, Specific Deterrence, Remorse and Contrition, Parity, Maximum Penalties, Capacity to Pay, Costs
Criminal Law Work Health and Safety Prosecution Duty of Persons Undertaking Business Risk of Death or Serious Injury Recklessness Sentence Objective Seriousness +11 more

Case Brief

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Parties

SafeWork NSW

Prosecutor

TJN Construction Group Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) resulting in exposure of workers to risk of serious injury
  2. 2 What is the appropriate sentence considering objective seriousness, aggravating and mitigating factors, parity, capacity to pay, and other sentencing principles

Ratio Decidendi

The defendant, as a principal contractor and PCBU, failed in its non-delegable statutory duty to ensure, so far as was reasonably practicable, the health and safety of its workers by not conducting a risk assessment, not implementing adequate control measures and supervision, and not providing appropriate PPE, training, or emergency resources, thereby exposing workers to an obvious risk of serious injury. The objective seriousness was high, mitigation steps were straightforward, the actual injuries were grave, and general and specific deterrence require a substantial penalty, moderated for plea and capacity to pay.

Court Disposition

Convicted and fined; costs ordered

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $400,000 and reduced by 25% to reflect the plea of guilty, leaving a fine of $300,000.