SafeWork NSW v Ultra Refrigeration Pty Limited; SafeWork NSW v Romolo Prestia [2021] NSWDC 149

SafeWork NSW v Ultra Refrigeration Pty Limited; SafeWork NSW v Romolo Prestia [2021] NSWDC 149

The defendants breached their statutory health and safety duties by failing to implement adequate systems to ensure only qualified or properly supervised workers undertook electrical work, resulting in exposure to a foreseeable and serious risk of injury, which materialized in the incident involving unsupervised apprentices. The seriousness of the offence, recognised by the duty’s non-delegable nature and significant harm caused, warranted convictions and substantial fines, moderated by pleas of guilty, lack of prior convictions, remedial actions, and other mitigating factors.

Parties
Prosecutor: SafeWork NSW; Defendant: Ultra Refrigeration Pty Ltd; Defendant: Romolo Prestia
Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed on both defendants, with reductions for early plea. Orders as to payment of fines, moiety, and costs.
Legal Topics
Workplace Safety Duties, Employer Liability, Sentencing, Duty of Care, Risk Management, Occupational Health and Safety, Supervision of Apprentices, Electrical Work Regulation
Work Health and Safety Criminal Law Workplace Safety Duties Employer Liability Sentencing Duty of Care Risk Management Occupational Health and Safety +2 more

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Parties

SafeWork NSW

Prosecutor

Ultra Refrigeration Pty Ltd

Defendant

Romolo Prestia

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendants failed to ensure health and safety of workers as far as was reasonably practicable under the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether the defendants’ actions exposed workers to risk of death or serious injury
  3. 3 What penalty should be imposed having regard to objective and subjective seriousness, mitigating and aggravating factors, and sentencing principles

Ratio Decidendi

The defendants breached their statutory health and safety duties by failing to implement adequate systems to ensure only qualified or properly supervised workers undertook electrical work, resulting in exposure to a foreseeable and serious risk of injury, which materialized in the incident involving unsupervised apprentices. The seriousness of the offence, recognised by the duty’s non-delegable nature and significant harm caused, warranted convictions and substantial fines, moderated by pleas of guilty, lack of prior convictions, remedial actions, and other mitigating factors.

Court Disposition

Conviction and fines imposed on both defendants, with reductions for early plea. Orders as to payment of fines, moiety, and costs.

Orders

  • Defendants are convicted.
  • Corporate defendant, Ultra Refrigeration Pty Ltd, fined $200,000.00, reduced by 25% to $150,000.00 for early plea.