Poletti Corporation Pty Ltd v SafeWork NSW [2020] NSWCCA 243

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Poletti Corporation Pty Ltd v SafeWork NSW [2020] NSWCCA 243 Hearing dates: 7 August 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Before: Macfarlan JA at [1]; Fullerton J at [54]; Button J at [55] Decision: Appeal dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – work health and safety – statutory duty of person conducting a business or undertaking to ensure health and safety of workers so far as reasonably practicable – painter at worksite fell 6 metres through a void between building and platform attached to jumpform screen system – design, installation and operation of system subcontracted to appellant – whether primary judge considered the reasonable practicability of appellant taking particularised steps – Baiada Poultry 246 CLR 92 and Kirk v Industrial Court 239 CLR 1 considered Legislation Cited: Criminal Appeal Act 1912 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Baiada Poultry Pty Ltd v The Queen (2012) 246 CLR 92; [2012] HCA 14 Bulga Underground Operations Pty Ltd v Nash (2016) 93 NSWLR 338; [2016] NSWCCA 37 Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Category: Principal judgment Parties: Poletti Corporation Pty Limited (Appellant) SafeWork NSW (Respondent) Representation: Counsel: D Jordan SC / P Barry (Appellant) I Taylor SC / C Magee (Respondent)

Solicitors: DWF (Australia) (Appellant) SafeWork NSW (Respondent) File Number(s): 2018/57479 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2019] NSWDC 491 Date of Decision: 13 September 2019 Before: Scotting DCJ File Number(s): 2018/56573; 2018/57479