SafeWork NSW v Walgett Shire Council [2023] NSWDC 70

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Walgett Shire Council [2023] NSWDC 70 Hearing dates: 3 February 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Walgett Shire Council is convicted. 2 The appropriate fine is one of $55,000 that will be reduced by 10% to reflect the plea of guilty. 3 I impose a fine of $50,000. 4 I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 5 I make a Work Health and Safety Project Order pursuant to s 238 of the Act in terms of [106]. 6 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty – Work Health and Safety Project Order SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty Legislation Cited: Crimes (Sentencing Procedure) Act 1999. Fines Act 1996 Local Government Act 1993 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 Thomson & Houlton (2000) 49 NSWLR 383 Texts Cited: RMS Workers on Foot Training – Trainer's Guide Safe Work Method Statement – Activity Working with Moving Plant including Work on Foot Safe Work Method Statement – Activity Traffic Control Category: Sentence Parties: SafeWork NSW (Prosecutor) Walgett Shire Council (Defendant) Representation: Counsel: I Taylor SC/C Magee (Prosecutor) M Shume/E Aitken (Defendant)