SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53 Hearing dates: 28 February 2024 Date of orders: 6 March 2024 Decision date: 06 March 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In proceedings 2021/284164 (the "Directions" Amended Summons in relation to 2 February 2020): (1) Qantas Ground Services Pty Ltd is convicted. (2) Order Qantas Ground Services Pty Ltd to pay a fine of $250,000. (3) Order pursuant to s 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (4) Order pursuant to s 111 of the Work Health and Safety Act 2011 (NSW) that within 28 days Qantas Ground Services Pty Ltd is to pay to the person who was the subject of the discriminatory conduct, Theocharis Seremetidis, the amount of $21,000 comprising: (a) Compensation for economic loss arising from the unlawful conduct - $6,000; and (b) Compensation for non-economic loss for hurt and humiliation caused by the offence - $15,000. (5) Order Qantas Ground Services Pty Ltd to pay the costs of SafeWork NSW, including the costs of the two Notices of Motion. (6) The exhibits are returned. In proceedings 2021/284149 (the "Issues and Concerns" Summons in relation to 2 February 2020): (1) Order Qantas Ground Services Pty Ltd to pay the costs of SafeWork NSW in relation to the two Notices of Motion. (2) Subject to Order (1) above, order that each party pay its own costs of the proceedings. In proceedings 2021/284183 (the "Directions" Amended Summons in relation to 7 February 2020): (1) Order Qantas Ground Services Pty Ltd to pay the costs of SafeWork NSW in relation to the two Notices of Motion. (2) Subject to Order (1) above, order SafeWork NSW to pay the costs of Qantas Ground Services Pty Ltd. (3) The exhibits are returned. In proceeding 2021/28417 (the "Issues and Concerns" Summons in relation to 7 February 2020): (1) Order Qantas Ground Services Pty Ltd to pay the costs of SafeWork NSW in relation to the two Notices of Motion. (2) Subject to Order (1) above, order SafeWork NSW to pay the costs of Qantas Ground Services Pty Ltd. (3) The exhibits are returned. Catchwords: SENTENCE – objective seriousness – significant culpability – mitigating factors – aggravating factors – general deterrence – specific deterrence – capacity to pay appropriate penalty – project order – compensation order – costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 4, 66, 84, 85, 106, 238 Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Qantas Ground Services Pty Ltd (No. 3) [2023] NSWDC 468 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: SafeWork NSW (Prosecutor) Qantas Ground Services Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) B Hodgkinson SC / B Rauf (Defendant)