Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 91

Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 91

WGA was conducting a business or undertaking as builder and entity with management control of the site, and Mr Cullen was a contractor engaged or caused to be engaged by WGA and therefore owed the duty in section 19(1). WGA had actual knowledge of the risk posed by the 33Kv overhead power lines and of the control measures required, including isolation of power, exclusion zones, barrier tape and signage. Each pleaded measure was reasonably practicable, inexpensive or otherwise not grossly disproportionate to the catastrophic risk, and WGA failed to implement them. Those failures were substantial and significant causes of Mr Cullen being exposed to a risk of death or serious injury from...

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Criminal Prosecution for a Category 2 Offence Against Section 32 of the Work Health and Safety Act 2011 / Ex Parte Hearing After Plea of Not Guilty; Finding of Guilt
Outcome
WGA Pty Ltd was found guilty of the offence.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'contractor Liability' 'risk of Death or Serious Injury' 'high Voltage Overhead Power Lines' 'safe Working Distance' 'safe Work Method Statement' 'improvement Notices' 'prohibition Notices' 'ex Parte Hearing']
['criminal Law' 'work Health and Safety'] ['duty of Persons Conducting a Business or Undertaking' 'contractor Liability' 'risk of Death or Serious Injury' 'high Voltage Overhead Power Lines' 'safe Working Distance' 'safe Work Method Statement' 'improvement Notices' 'prohibition Notices' 'ex Parte Hearing']

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Procedural Posture

Criminal Prosecution for a Category 2 Offence Against Section 32 of the Work Health and Safety Act 2011 / Ex Parte Hearing After Plea of Not Guilty; Finding of Guilt

Legal Issues

  1. 1 ['Whether WGA was conducting a business or undertaking at the site' 'Whether WGA owed Christopher Cullen a health and safety duty under section 19(1) of the Work Health and Safety Act 2011' 'Whether WGA failed to comply with that duty by not taking reasonably practicable measures to eliminate or minimise the risk from high voltage overhead power lines' "Whether WGA's failures exposed Mr Cullen to a risk of death or serious injury"]

Ratio Decidendi

WGA was conducting a business or undertaking as builder and entity with management control of the site, and Mr Cullen was a contractor engaged or caused to be engaged by WGA and therefore owed the duty in section 19(1). WGA had actual knowledge of the risk posed by the 33Kv overhead power lines and of the control measures required, including isolation of power, exclusion zones, barrier tape and signage. Each pleaded measure was reasonably practicable, inexpensive or otherwise not grossly disproportionate to the catastrophic risk, and WGA failed to implement them. Those failures were substantial and significant causes of Mr Cullen being exposed to a risk of death or serious injury from...

Court Disposition

WGA Pty Ltd was found guilty of the offence.

Orders

  • ['The elements of the offence have been proved beyond reasonable doubt against WGA.' 'I find WGA Pty Ltd guilty of the offence.' 'I will list the matter for sentence on a date convenient to the prosecutor.']