SafeWork NSW v Turfco Australia Pty Ltd [2018] NSWDC 191

SafeWork NSW v Turfco Australia Pty Ltd [2018] NSWDC 191

The offender, having control over work systems, failed to comply with its health and safety duty under the Work Health and Safety Act 2011 by allowing a deficient and hazardous turf harvesting system, leading to the death of an employee. The risks were obvious and avoidable, and the failure to implement available safety measures amounted to a serious breach warranting a substantial penalty, subject to reduction for mitigating factors including plea of guilty, remorse, and post-incident rectification.

Parties
Prosecution: SafeWork NSW; Defendant: Turfco Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Criminal Prosecution / Sentencing After Guilty Plea
Outcome
conviction and fine imposed
Legal Topics
Duty of Employers, Risk of Death or Serious Injury, Workplace Fatality, General Deterrence, Specific Deterrence, Mitigating Factors, Aggravating Factors, Objective Seriousness, Remorse
Work Health and Safety Criminal Law Sentencing Duty of Employers Risk of Death or Serious Injury Workplace Fatality General Deterrence Specific Deterrence +4 more

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Parties

SafeWork NSW

Prosecution

Turfco Australia Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the offender failed to comply with its health and safety duty under section 19(1) of the Work Health and Safety Act 2011
  2. 2 Whether the offender thereby exposed an employee to a risk of death or serious injury, contrary to section 32 of the Act
  3. 3 Assessment of the appropriate sentence, including aggravating and mitigating factors and the quantum of fine

Ratio Decidendi

The offender, having control over work systems, failed to comply with its health and safety duty under the Work Health and Safety Act 2011 by allowing a deficient and hazardous turf harvesting system, leading to the death of an employee. The risks were obvious and avoidable, and the failure to implement available safety measures amounted to a serious breach warranting a substantial penalty, subject to reduction for mitigating factors including plea of guilty, remorse, and post-incident rectification.

Court Disposition

conviction and fine imposed

Orders

  • The offender is convicted.
  • A fine of $375,000 is imposed.