SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237 Hearing dates: 05/09/2016; 06/09/2016; 15/09/2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The Court orders that: the Summons issued on 2 September 2015 be dismissed; the Prosecutor is to pay the defendant's costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of person conducting business or undertaking (PCBU) to employees of a contractor to the PCBU – whether the duty owed under s 19(1) or s 19(2) of the Work Health and Safety Act 2011 – meaning of "other workers" in s 19(2) Legislation Cited: Work Health and Safety Act 2011 Criminal Appeal Act 1912 Cases Cited: Essential Energy (ACN 37 428 185 226) v WorkCover Authority of NSW [2012] NSWIRComm 83 Texts Cited: Work Health and Safety Bill 2011 Second Reading speech(Hansard, NSW Legislative Council, Hon Greg Pearce, 26 May 2011) Safe Work Australia "Explanatory Memorandum – Model Work Health and Safety Bill" (7 December 2010) Category: Principal judgment Parties: SafeWork New South Wales (formerly WorkCover Authority of New South Wales) (prosecutor) Rawson Homes Pty Ltd (defendant) Representation: Counsel: Mr M Moir, instructed by SafeWork NSW, appeared for the prosecutor Ms P McDonald SC, instructed by Sparke Helmore Lawyers, appeared for the defendant File Number(s): 2015/255768