SafeWork NSW v Walgett Shire Council [2023] NSWDC 70

SafeWork NSW v Walgett Shire Council [2023] NSWDC 70

Walgett Shire Council is convicted for failure to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011, as it did not adequately implement and enforce site-specific safety measures for workers on foot near mobile plant, warranting a fine reduced for guilty plea and imposition of a Work Health and Safety Project Order.

Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Criminal Prosecution / Sentence After Guilty Plea
Outcome
Defendant convicted, fined, and subject to project order and costs.
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'sentencing' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay a Fine' 'appropriate Penalty' 'work Health and Safety Project Order']
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'duty of Employers' 'sentencing' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay a Fine' 'appropriate Penalty' 'work Health and Safety Project Order']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether Walgett Shire Council failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011' 'Determination of the appropriate penalty for the breach']

Ratio Decidendi

Walgett Shire Council is convicted for failure to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011, as it did not adequately implement and enforce site-specific safety measures for workers on foot near mobile plant, warranting a fine reduced for guilty plea and imposition of a Work Health and Safety Project Order.

Court Disposition

Defendant convicted, fined, and subject to project order and costs.

Orders

  • ['Walgett Shire Council is convicted.' 'A fine of $55,000 is imposed, reduced to $50,000 to reflect the plea of guilty.' 'Pursuant to s 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' 'A Work Health and Safety Project Order pursuant to s 238 of the Work Health and Safety Act 2011 is made in...