SafeWork NSW v Saveba Pty Ltd [2025] NSWDC 31

SafeWork NSW v Saveba Pty Ltd [2025] NSWDC 31

Saveba Pty Ltd breached its health and safety duty by failing to provide adequate training, information, instruction and supervision to workers using pallet riders, thereby exposing Mr Krupowicz to a risk of serious injury, leading to his severe injury. Given the absence of prior convictions, guilty plea, objective seriousness, aggravating and mitigating factors, and the need for general deterrence, a conviction and a fine of $390,000 are appropriate, with 50% of the fine to be paid to the prosecutor and costs awarded as agreed or assessed.

Parties
Prosecutor: SafeWork NSW; Offender: Saveba Pty Ltd
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed; costs awarded to prosecutor
Legal Topics
Work Health and Safety – Duty of Persons Undertaking Business, Duty of Employers – Risk of Death or Serious Injury, Injury to Worker, Sentencing – Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay Fine, Penalty – Plea of Guilty, Work Health and Safety – Worker Not Qualified to Complete Tasks
Criminal Law Work Health and Safety Sentencing Law Work Health and Safety – Duty of Persons Undertaking Business Duty of Employers – Risk of Death or Serious Injury Injury to Worker Sentencing – Objective Seriousness Deterrence +5 more

Case Brief

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Parties

SafeWork NSW

Prosecutor

Saveba Pty Ltd

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Saveba Pty Ltd breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 by failing to provide adequate training, instruction, or information and adequate supervision, thereby exposing a worker to risk of serious injury or death
  2. 2 Appropriate penalty to impose given objective seriousness, aggravating and mitigating factors, need for deterrence, and capacity to pay

Ratio Decidendi

Saveba Pty Ltd breached its health and safety duty by failing to provide adequate training, information, instruction and supervision to workers using pallet riders, thereby exposing Mr Krupowicz to a risk of serious injury, leading to his severe injury. Given the absence of prior convictions, guilty plea, objective seriousness, aggravating and mitigating factors, and the need for general deterrence, a conviction and a fine of $390,000 are appropriate, with 50% of the fine to be paid to the prosecutor and costs awarded as agreed or assessed.

Court Disposition

Conviction and fine imposed; costs awarded to prosecutor

Orders

  • Saveba Pty Ltd is convicted.
  • A fine of $390,000 is imposed.