Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 92

Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 92

WGA Pty Ltd, through its actions and omissions, breached its work health and safety duty by requiring a worker to perform tasks in proximity to high voltage power lines without implementing known risk controls or reasonably practicable safety measures, resulting in serious injury. The company's conduct displayed high moral culpability and a blatant disregard for safety obligations, warranting a substantial penalty to reflect both objective seriousness and the need for general and specific deterrence.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Criminal / Sentence
Outcome
Conviction and penalty imposed
Legal Topics
['prosecution' 'work Health and Safety' 'duty of Employers' 'risk of Death or Serious Injury' 'contractor Liability' 'mitigating Factors' 'aggravating Factors' 'fine' 'capacity to Pay' 'circumstances' 'objective Seriousness' 'deterrence' 'penalty' 'vulnerability of Victim' 'building Site' 'power Lines' 'safe Working Distance' 'safety Protocol' 'procedure' 'improvement Notices' 'code of Practice' 'high Voltage Electricity' 'prohibition Notice' 'safe Work Method Statement']
['criminal Law' 'work Health and Safety'] ['prosecution' 'work Health and Safety' 'duty of Employers' 'risk of Death or Serious Injury' 'contractor Liability' 'mitigating Factors' 'aggravating Factors' 'fine' 'capacity to Pay' 'circumstances' 'objective Seriousness' 'deterrence' 'penalty' 'vulnerability of Victim' 'building Site' 'power Lines' 'safe Working Distance' 'safety Protocol' 'procedure' 'improvement Notices' 'code of Practice' 'high Voltage Electricity' 'prohibition Notice' 'safe Work Method Statement']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether WGA Pty Ltd breached its health and safety duty under section 19(1) of the Work Health and Safety Act 2011' "Whether WGA Pty Ltd's conduct exposed a worker to risk of death or serious injury in breach of section 32 of the Work Health and Safety Act 2011" 'Appropriate sentence, including assessment of objective seriousness, aggravating/mitigating factors, and penalty']

Ratio Decidendi

WGA Pty Ltd, through its actions and omissions, breached its work health and safety duty by requiring a worker to perform tasks in proximity to high voltage power lines without implementing known risk controls or reasonably practicable safety measures, resulting in serious injury. The company's conduct displayed high moral culpability and a blatant disregard for safety obligations, warranting a substantial penalty to reflect both objective seriousness and the need for general and specific deterrence.

Court Disposition

Conviction and penalty imposed

Orders

  • ['The offender is convicted.' 'A fine of $1 million is imposed.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The offender is to pay the prosecutor's costs in the sum of $50,460.90."]