Grasso Consulting Engineers Pty Ltd v SafeWork NSW; Grasso v SafeWork NSW [2021] NSWCCA 288

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grasso Consulting Engineers Pty Ltd v SafeWork NSW; Grasso v SafeWork NSW [2021] NSWCCA 288 Hearing dates: 4 June 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Before: Simpson AJA at [1] Walton J at [9] Cavanagh J at [38] Decision: 2018/74733 (1) The appeal is allowed; (2) The conviction is quashed; and (3) The respondent is to pay the appellant's costs in the District Court. 2018/74638 (4) The appeal is allowed; (5) The conviction is quashed; and (6) The respondent is to pay the appellant's costs in the District Court. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Work health and safety – Offences – Prosecution under s 32 Work Health and Safety Act 2011 (NSW) of an engineer following a roof collapse – Consideration of the elements of an offence under s 32 - Causation Legislation Cited: Criminal Appeal Act 1912 (NSW) Occupational Health and Safety Act 2004 (Vic) Work Health and Safety Act 2011 (NSW) Work Health and Safety (National Uniform Legislation Act) 2011 (NT) 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 Director of Public Prosecutions v Vibro-Pile (Aust) Pty Ltd (2016) 49 VR 676; [2016] VSCA 55 Kirk v Industrial Court of New South Wales and Another (2010) 239 CLR 531; [2010] HCA 1 Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 Poletti Corporation Pty Ltd v SafeWork NSW [2020] NSWCCA 243 Rosenberg v Percival (2001) 205 CLR 434; [2001] HCA 18 Royall v The Queen (1991) 172 CLR 378; [1991] HCA 27 SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Ignazio Grasso [2019] NSWDC 792 SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Grasso (No 2) [2020] NSWDC 188 The Crown in the Right of the State of New South Wales (Department of Education and Training) v Maurice O'Sullivan (2005) 143 IR 57; [2005] NSWIRComm 198 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Wallace v Kam (2013) 250 CLR 375; [2013] HCA 19 Whelan, Heath Andrew v R [2012] NSWCCA 147 Work Health Authority v Outback Ballooning Pty Ltd (2019) 266 CLR 428; [2019] HCA 2 Category: Principal judgment Parties: Grasso Consulting Engineers Pty Ltd (Appellant) (2018/74733) Ignazio Grasso (Appellant) (2018/74638) SafeWork NSW (Respondent) Representation: Counsel: H Dixon SC with S R Meehan (Appellants) J Agius SC with B Docking (Respondent)