SafeWork NSW v Form Group NSW Pty Ltd [2022] NSWDC 176

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Form Group NSW Pty Ltd [2022] NSWDC 176 Hearing dates: 18 May 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Form Group NSW Pty Ltd is convicted. 2 I impose a fine of $75,000. 3 The offender is to pay the prosecutor's costs of the proceedings, agreed in the sum of $43,000. 4 I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. Catchwords: CRIMINAL LAW – 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 – capacity to pay a fine - penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 Texts Cited: Managing the Risks of Falls at Workplaces (April 2016) Work Health and Safety Consultation, Co-operation and Co-ordination (December 2011) Category: Sentence Parties: SafeWork NSW (Prosecutor) Form Group (NSW) Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) B Eurell (Defendant)