SafeWork NSW v Integrated Agricultural Developments Pty Ltd [2024] NSWDC 243

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Integrated Agricultural Developments Pty Ltd [2024] NSWDC 243 Hearing dates: 17 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In District Court Proceedings 2022/387576 being a charge under s 19(1) of the Work Health and Safety Act 2011 (NSW): (1) Integrated Agricultural Developments Pty Ltd is convicted. (2) The appropriate fine is $240,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Integrated Agricultural Developments Pty Ltd to pay a fine of $180,000. (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 Integrated Agricultural Developments Pty Ltd to pay the prosecutor's costs. In District Court Proceedings 2022/287552 being a charge under s 46 of the Work Health and Safety Act 2011 (NSW): (1) Integrated Agricultural Developments Pty Ltd is convicted. (2) The appropriate fine is $20,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order Integrated Agricultural Developments Pty Ltd to pay a fine of $15,000. (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 Integrated Agricultural Developments 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 CRIMINAL LAW – prosecution – work health and safety – duty to consult – duty to co-operate – duty to co-ordinate SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – quad bike – worker rode onto irrigation dam wall – bike tipped over – worker struck and trapped – no operator protective devices on quad bike – not required to wear helmet – no quad bike exclusion zones 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, 46 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: Australia/New Zealand Standard AS/NZS 1698:2006 – Protective Helmets for Vehicle Users, 2006 SafeWork NSW, Code of Practice, How to Manage Work Health and Safety Risks, August 2019 SafeWork NSW, The A-Z of Farm Safety, 20 May 2019 Safe Work Australia, Labour Hire: Duties of Persons Conducting a Business or Undertaking, 3 February 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Integrated Agricultural Developments Pty Ltd (Defendant) Representation: Counsel: N Evans (Prosecutor) P Barry (Defendant)