SafeWork NSW v Enviro Pallets Pty Ltd [2024] NSWDC 59

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Enviro Pallets Pty Ltd [2024] NSWDC 59 Hearing dates: 5 March 2024 Date of orders: 8 March 2024 Decision date: 08 March 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Enviro Pallets Pty Ltd is convicted. (2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Enviro Pallets Pty Ltd to pay a fine of $300,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Enviro Pallets Pty Ltd to pay the prosecutor's costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay – appropriate penalty COSTS – prosecution costs OTHER – pallet making machine – worker underneath – struck while performing maintenance – fatal injuries – failure to conduct risk assessment – failure to electrically isolate – failure to guard Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 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 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: SafeWork NSW Code of Practice Managing the risks of plant in the workplace, August 2019 Australian/New Zealand Standard AS/NZS 4024.1201:2014 Safety of Machinery WorkSafe Victoria, Checklist - isolating plant, June 2011 WorkSafe Victoria, Guidance Note Isolating plant, June 2011 Category: Sentence Parties: SafeWork NSW (Prosecutor) Enviro Pallets Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) M Shume (Defendant)