SafeWork NSW v Autocare Services Pty Ltd [2022] NSWDC 547

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Autocare Services Pty Ltd [2022] NSWDC 547 Hearing dates: 8 November 2022 Date of orders: 14 November 2022 Decision date: 14 November 2022 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Note that the defendant accepts that it committed a breach of duty by failing to take the measures particularised in par 14(a) and 14(b)(v) of the Amended Summons. (2) The prosecutor has failed to establish that the measures particularised in par 14(b)(ii), (iii) and (iv) of the Amended Summons were reasonably practicable. (3) Confirm that the matter has been adjourned to 13 December 2022 for finalisation of the sentence hearing. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCING – plea of guilty – plea to elements of offence – disputed facts – reasonably practicable ways to eliminate or minimise the risk Legislation Cited: Work Health and Safety Act 2011 (NSW), ss 18, 19, 32 Work Health and Safety Regulation 2017 (NSW), cll 34, 35, 39 Cases Cited: Baiada Poultry Pty Limited v The Queen [2012] HCA 13; (2012) 246 CLR 92 Laing O'Rourke (BMC) Pty Ltd v Kirwin [2011] WASCA 117 Poletti Corporation Pty Limited v SafeWork NSW [2020] NSWCCA 243 Slivak v Lurgi (Australia) Pty Ltd [2001] HCA 6; (2001) 205 CLR 304 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Autocare Services Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) G Livermore KC with B Anniwell