Safework NSW v ABC Tissue Products Pty Ltd [2020] NSWDC 640

District Court New South Wales

Medium Neutral Citation: Safework NSW v ABC Tissue Products Pty Ltd [2020] NSWDC 640 Hearing dates: 22 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 ABC Tissue Products Pty Ltd is convicted. 2 I impose a fine of $300,000. 3 The offender is to pay the prosecutor's costs agreed in the sum of $40,000. 4 I order that pursuant to section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – worker injured SENTENCING – objective seriousness – deterrence aggravating factors – mitigating factors – good prospects of rehabilitation – plea of guilty – remorse - totality Legislation Cited: Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Borkowski (2009) 195 A Crim R 1 R v McNaughton (2006) 66 NSWLR 566 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Texts Cited: Managing the Risks of Plant in the Workplace SafeWork Australia Traffic Management Guide Australian Standard AS2359.2 – 2013 Powered Industrial Trucks Part 2: Operations Category: Sentence Parties: SafeWork NSW (Prosecutor) ABC Tissue Products Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) C Magee (Defendant)