SafeWork NSW v DSF Constructions Pty Ltd [2016] NSWDC 183

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v DSF Constructions Pty Ltd [2016] NSWDC 183 Hearing dates: 15 July 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted and fined the sum of $225,000 with a moiety to the Prosecutor. The defendant is to pay the Prosecutor's costs as agreed or assessed. Catchwords: Work Health and Safety Act 2011 ss 19(1), 32 – plea of guilty – unsecured skylight fell 11 metres onto worker – fatal injuries – defendant contracted by head contractor to design, manufacture, deliver and install structural steel works in accordance with engineering specifications and instructions from the head contractor – no barrier, sign or other measure in place to delineate exclusion zone at time of incident – foreseeability of risk – foreseeability of consequences of risk – measures readily available to reduce or eliminate risk – mid-range objective seriousness – relative culpability compared to others and whether this may be taken into account – high risk industry – specific and general deterrence – guilty plea entered at first available opportunity – genuine remorse and contrition – no prior convictions – cooperation with regulator – improved safety systems – use of victim impact statements Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Cases Cited: R v Turnbull [2016] NSWSC 847 Category: Sentence Parties: SafeWork New South Wales (prosecutor) DSF Constructions Pty Ltd (defendant) Representation: Counsel: Mr J Agius SC with Mr B Docking, instructed by SafeWork NSW, appeared for the prosecutor Mr P Rooney, instructed by Kreisson Legal, appeared for the defendant File Number(s): 2015/84860