SafeWork NSW v Travis Brown [2017] NSWDC 337

SafeWork NSW v Travis Brown [2017] NSWDC 337

The offender, as a person conducting a business, failed to ensure so far as reasonably practicable the health and safety of workers from a risk of a fall from height, and failed to notify the regulator of a notifiable incident, in breach of duties under the Work Health and Safety Act 2011. The risk was obvious, foreseeable, and avoidable at minimal cost. The failures constituted mid-range and low-range culpability respectively, warranting convictions and substantial fines, with mitigating considerations for early plea, remorse, and post-incident safety improvements.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Criminal / Sentence
Outcome
Convictions entered for both offences; fines imposed, orders as to costs and distribution of fines.
Legal Topics
['workplace Safety' 'employer Duties' 'falls From Heights' 'risk Assessment' 'sentencing' 'notifiable Incidents' 'reporting Obligations']
['criminal Law' 'work Health and Safety Law'] ['workplace Safety' 'employer Duties' 'falls From Heights' 'risk Assessment' 'sentencing' 'notifiable Incidents' 'reporting Obligations']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender failed to comply with health and safety duty under s 19(1) of the Work Health and Safety Act 2011, exposing a worker to risk of death or serious injury' 'Whether the offender failed to notify the regulator of a notifiable incident in breach of s 38(1) of the Work Health and Safety Act 2011' 'Appropriate penalty considering seriousness, deterrence, mitigating and aggravating factors']

Ratio Decidendi

The offender, as a person conducting a business, failed to ensure so far as reasonably practicable the health and safety of workers from a risk of a fall from height, and failed to notify the regulator of a notifiable incident, in breach of duties under the Work Health and Safety Act 2011. The risk was obvious, foreseeable, and avoidable at minimal cost. The failures constituted mid-range and low-range culpability respectively, warranting convictions and substantial fines, with mitigating considerations for early plea, remorse, and post-incident safety improvements.

Court Disposition

Convictions entered for both offences; fines imposed, orders as to costs and distribution of fines.

Orders

  • ['Offender convicted for offence under s 19(1) Work Health and Safety Act 2011.' 'Offender to pay a fine of $60,000 under s 19(1).' '50% of the fine under s 19(1) to be paid to the prosecutor.' "Offender to pay prosecutor's costs in the sum of $21,455.88." 'Offender convicted for offence under s 38(1) Work Health...