SafeWork NSW v Page [2024] NSWDC 133

SafeWork NSW v Page [2024] NSWDC 133

The offender's failure to establish and maintain an exclusion zone as required under his duty resulted in serious injury to a worker, constituting a breach of s 28(b) and an offence under s 32 of the Work Health and Safety Act 2011 (NSW). Sentencing considered plea of guilty, mitigating factors, and limited capacity to pay, justifying a reduced fine.

Jurisdiction
Australia
Judgment Date
24 April 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction with fine and costs ordered.
Legal Topics
['work Health and Safety Offence' 'duty of Persons Undertaking Business' 'injury to Worker' 'sentencing Principles' 'capacity to Pay Fine' 'plea of Guilty' 'objective Seriousness']
['criminal Law' 'work Health and Safety' 'sentencing'] ['work Health and Safety Offence' 'duty of Persons Undertaking Business' 'injury to Worker' 'sentencing Principles' 'capacity to Pay Fine' 'plea of Guilty' 'objective Seriousness']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender failed to comply with a health and safety duty under s 28(b) of the Work Health and Safety Act 2011 (NSW) and by that failure exposed a worker to risk of death or serious injury' 'Appropriate sentence and penalty considering objective seriousness, aggravating and mitigating factors, and capacity to pay']

Ratio Decidendi

The offender's failure to establish and maintain an exclusion zone as required under his duty resulted in serious injury to a worker, constituting a breach of s 28(b) and an offence under s 32 of the Work Health and Safety Act 2011 (NSW). Sentencing considered plea of guilty, mitigating factors, and limited capacity to pay, justifying a reduced fine.

Court Disposition

Conviction with fine and costs ordered.

Orders

  • ['Glenn Page is convicted.' 'A fine of $6,000 is imposed.' "The offender is to pay the prosecutor's costs, agreed at $10,000." 'Pursuant to s 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.']