Safe Work NSW v EC Throsby Pty Ltd; Safe Work v Mondex Group Pty Ltd [2018] NSWDC 102

Safe Work NSW v EC Throsby Pty Ltd; Safe Work v Mondex Group Pty Ltd [2018] NSWDC 102

ECT's culpability was substantially greater, having created an obvious risk by disabling a safety device, and failing to assess the risk or adequately communicate it for cleaning tasks. Mondex's offence was at the low end, having failed to require notification or review instructions after modification. Both companies pleaded guilty, expressed remorse, and took remedial action, justifying penalty discounts.

Parties
Prosecutor: Safe Work NSW; Offender: EC Throsby Pty Ltd; Offender: Mondex Group Pty Ltd
Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Criminal / Sentence
Outcome
The offenders are convicted and fined.
Legal Topics
Work Health and Safety Offence, Exposing Employee to Risk of Death or Serious Injury, Sentence Principles, Training of Employee, Modification of Plant
Criminal Law Work Health and Safety Work Health and Safety Offence Exposing Employee to Risk of Death or Serious Injury Sentence Principles Training of Employee Modification of Plant

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Parties

Safe Work NSW

Prosecutor

EC Throsby Pty Ltd

Offender

Mondex Group Pty Ltd

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether EC Throsby Pty Ltd and Mondex Group Pty Ltd breached their health and safety duties under Work Health and Safety Act 2011 resulting in risk of death or serious injury to an employee

Ratio Decidendi

ECT's culpability was substantially greater, having created an obvious risk by disabling a safety device, and failing to assess the risk or adequately communicate it for cleaning tasks. Mondex's offence was at the low end, having failed to require notification or review instructions after modification. Both companies pleaded guilty, expressed remorse, and took remedial action, justifying penalty discounts.

Court Disposition

The offenders are convicted and fined.

Orders

  • EC Throsby Pty Ltd is fined $90,000.
  • Mondex Group Pty Ltd is fined $15,000.