WorkCover Authority of NSW v Plumbwizard Pty Limited and John Georges [2015] NSWDC 266

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of NSW v Plumbwizard Pty Limited and John Georges [2015] NSWDC 266 Hearing dates: 4 March 2015 Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction: Criminal Before: Kearns DCJ Decision: Plumbwizard Pty Ltd: I find Plumbwizard Pty Ltd guilty and it is convicted of the charge. I impose a fine of $60,000 with a moity to the prosecutor. The defendant is to pay the prosecutor's costs in an agreed sum of $10,000. Mr Georges: Mr Georges is found guilty and is convicted of the offence charged. I impose a penalty of $8,500 with a moity to the prosecutor. Mr Georges is to pay the prosecutor's costs in an agreed sum of $25,000. Catchwords: Work Health and Safety Act 2011 ss 19(1), 32, 27(1) – worker fell through opening on first floor balcony of construction – serious injury – duty of employer to ensure health and safety of workers – failure exposed worker to risk of death or serious injury – duty of officer to exercise due diligence to ensure company complied with duty – failure to provide construction induction training to worker – failure to appropriately cover or barricade the opening or to warn of its danger – foreseeability of risk – preventability of risk – general deterrence – no prior adverse safety incidents – contrition and remorse – discount for early guilty plea – consideration of principle of parity – consideration of totality of fine approach – ability to pay – victim impact statement Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: WorkCover Authority of NSW (Prosecutor) Plumbwizard Pty Limited and John Georges (Defendant) Representation: Counsel: Mr I Taylor SC with Ms P McEniery appeared for the prosecutor Mr P Kintominas appeared for the defendants File Number(s): 13/371364; 13/371380