WorkCover Authority of New South Wales (Inspector Batty) v Demolition Environmental Civil Contractors Pty Ltd [2015] NSWDC 260

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of New South Wales (Inspector Batty) v Demolition Environmental Civil Contractors Pty Ltd [2015] NSWDC 260 Hearing dates: 15 July 2015 Decision date: 17 July 2015 Jurisdiction: Criminal Before: Kearns DCJ Decision: I find the offence proven and the defendant is convicted accordingly. I fine the defendant the sum of $30,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs agreed in the sum of $25,000 by five monthly instalments each of $5,000. The first of these instalments to be paid by 17 August 2015 and the last by 21 December 2015. Catchwords: Occupational Health and Safety Act 2000 s 8(2) – plea of guilty – worker fell from bridge into river during demolition of bridge – injury to knee – duty of employer to ensure that non-employees are not exposed to risks to their health or safety – foreseeability of risk – foreseeability of consequences – availability of measures to avoid the risk – defendant had system of safe work in place, including retaining independent project manager – workers inducted with safe work method statements – workers instructed and directed to wear harnesses but defendant failed to enforce – defendant provided appropriate personal protective equipment – specific deterrence – general deterrence – co-operation with regulatory authority – no prior offences – plea of guilty entered at first reasonably practicable opportunity Legislation Cited: Occupational Health and Safety Act 2000; Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: WorkCover Authority of New South Wales (Inspector Ian Batty) (Prosecutor) Demolition Environmental Civil Contractors Pty Ltd (Defendant) Representation: Counsel: Mr C Magee, instructed by WorkCover NSW, appeared for the prosecutor Mr D Weinberger, instructed by FARRAR Lawyers File Number(s): 12/164874