SafeWork NSW v Saveba Pty Ltd [2025] NSWDC 31

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Saveba Pty Ltd [2025] NSWDC 31 Hearing dates: 07 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Saveba Pty Ltd is convicted. 2 I impose a fine of $390,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 4 I order that pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities WORK HEALTH AND SAFETY – worker not qualified to complete tasks Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Texts Cited: SafeWork Australia Workplace traffic management, guidance material, published April 2021 SafeWork Australia Code of Practice: How to manage work health and safety risks, published August 2019 SafeWork Australia Code of Practice: Managing risks of plant in the workplace, published August 2019 Category: Sentence Parties: SafeWork NSW (Prosecutor) Saveba Pty Ltd (Offender) Representation: Counsel: A Mykkeltvedt (Prosecutor) E Aitken (Offender)