SafeWork NSW v Topdeck Scaffolding Pty Limited [2024] NSWDC 215

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Topdeck Scaffolding Pty Limited [2024] NSWDC 215 Hearing dates: 7 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Topdeck Scaffolding Pty Limited is convicted. (2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Topdeck Scaffolding Pty Limited to pay a fine of $150,000. (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 Topdeck Scaffolding Pty Limited 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 – scaffolding – scaffolding inadequately secured – containment sheeting and signage – wind – scaffolding collapse – strikes adjacent building – damage to neighbouring apartment 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, 155 Work Health and Safety Regulation 2017 (NSW) cl 291 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: Australian/New Zealand Standard 1576:1:2019 Scaffolding, Part 1: General Requirements, 4 March 2019 Australian Standard 1576:6:2020 Scaffolding Part 6: Metal Tube and Coupler Scaffolding – Deemed to Conform to AS/NZS 1576:1, 6 March 2020 Australian Standard 4576:2020 Guidelines for Scaffolding, 2020 Safe Work Australia General Guide for Scaffold and Scaffolding Work, July 2014 SafeWork NSW Erecting, Altering and Dismantling Scaffolding – Part One: Prefabricated Steel Modular Scaffolding, 31 March 2021 SafeWork NSW Safety Alert Scaffolding Collapse, 6 July 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Topdeck Scaffolding Pty Limited (Defendant) Representation: Counsel: N Read (Prosecutor) I Latham (Defendant)