NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Voltex Trading Pty Ltd [2023] NSWDC 129 Hearing dates: 26 April 2023 Date of orders: 01 May 2023 Decision date: 01 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Voltex Trading Pty Ltd is convicted. 2 I impose a fine of $180,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 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 – injury to workers SENTENCING - deterrence - aggravating factors - mitigating factors – appropriate 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 (NSW) Work Health and Safety Regulation 2017 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 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Advanced Roofing Sydney Pty Ltd [2022] NSWDC 407 SafeWork NSW v Empire Contracting Pty Ltd [2022] NSWDC 437 SafeWork NSW v Evolve Roofing Pty Ltd [2023] NSWDC 75 SafeWork NSW v Leda Form Group Pty Ltd [2022] NSWDC 524 SafeWork NSW v LJW Solar Pty Ltd [2022] NSWDC 526 SafeWork NSW v McInerney Enterprises Pty Ltd SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13 SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290 SafeWork NSW v Taylor McInerney [2023] NSWDC 56 Texts Cited: SafeWork NSW, Code of Practice Managing the Risks of Falls at Workplaces dated August 2019 SafeWork NSW, Falls through skylights and plastic roof sheeting dated 14 September 2018 SafeWork Australia, Safe work on roofs dated January 2016 SafeWork NSW Video Safety Alert, Solar safety – How to manage the risk of falls dated 5 February 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Voltex Trading Pty Ltd (Defendant) Representation: Counsel: A Mykkeltvedt (Prosecutor)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate