SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163 Hearing dates: 6 May 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Saunders Civilbuild Pty Ltd is convicted. 2 I impose a fine of $375,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 The defendant must publish the Notice set out in Annexure "A" by causing it to be published on or before 30 June 2022, or the first edition of the relevant publication after that date, in two consecutive editions of each of: (a) The Master Builders Association Magazine; and (b) The Civil Contractors Federation Bulletin. 5 The Notice must: (a) be of a size no less than a full page in the Magazine or at least 28 cm x 5 columns in size; (b) use a minimum type size of 12 point Times New Roman or equivalent; and (c) be in full colour. 6 The offender is to notify the prosecutor on or before 5pm on 30 June 2022 with evidence that the adverse publicity order has been complied with. 7 The defendant is to pay the prosecutor's costs of the proceedings. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker SENTENCING – objective seriousness – deterrence - aggravating factors – mitigating factors – adverse publicity order - good prospects of rehabilitation – remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 605 Texts Cited: Civil Contractors Federation Bulletin Master Builders Association Magazine Category: Sentence Parties: SafeWork NSW (Prosecutor) Saunders Civilbuild Pty Ltd (Defendant) Representation: Counsel: M Cahill (Prosecutor) P Barry (Defendant)