Saunders Civilbuild Pty Ltd v SafeWork New South Wales (No 2) [2024] NSWCCA 3

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Saunders Civilbuild Pty Ltd v SafeWork New South Wales (No 2) [2024] NSWCCA 3 Hearing dates: On the papers Date of orders: 12 February 2024 Decision date: 12 February 2024 Before: Walton J at [1] McNaughton J at [2] Decision: (1) Except as set out in order 2 below, the appellant's appeal against sentence is dismissed and the orders made by Scotting DCJ on 18 May 2022, are confirmed, including the order made pursuant to s 122(2) of the Fines Act 1996 (NSW), that 50% of the fine is to be paid to the respondent; (2) Quash the Adverse Publicity Order made by Scotting DCJ on 18 May 2022, and substitute an Adverse Publicity Order to the following effect: (a) The appellant must publish the amended Adverse Publicity Notice by causing the amended Notice to be published on or before 28 February 2024, or in the first editions published after that date, in two consecutive editions of each of: (i) The Master Builders Association Magazine; and (ii) The Civil Contractors Federation Bulletin; (b) The amended Notice to be published by the appellant must: (i) Be of a size no less than a full page in the Magazine or at least 28cm x 5 columns in size; (ii) Use a minimum type size of 12 point Times New Roman or equivalent; and (iii) Be in full colour; (c) The appellant is to advise the respondent no later than 5:00pm on 28 February 2024, with evidence that this Adverse Publicity Order has been complied with. Catchwords: CRIME – appeals – appeal against sentence –whether an Adverse Publicity Order should be substituted with a form of order reflecting the findings subsequent to a conviction appeal – Adverse Publicity Order quashed and substituted Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6AA Fines Act 1996 (NSW), s 122 Work Health and Safety Act 2011 (NSW), ss 32, 236 Cases Cited: SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 605 SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163 Saunders Civilbuild Pty Ltd v SafeWork New South Wales [2023] NSWCCA 261 Texts Cited: Nil Category: Principal judgment Parties: Saunders Civilbuild Pty Ltd (Appellant) SafeWork New South Wales (Respondent) Representation: Counsel: M Cunneen SC with P Barry (Appellant) J Agius SC with M Cahill (Respondent)