Safe Work (NSW) v Tamex Transport Services P/L t/as Tamex No 2 [2017] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Safe Work (NSW) v Tamex Transport Services P/L t/as Tamex No 2 [2017] NSWDC 20 Hearing dates: 15 February 2017 Date of orders: 21 February 2017 Decision date: 21 February 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $220,000. 3 I order that pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 I order that the offender pay the prosecutors costs as agreed in the sum of $82,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – serious injury to employee – offence – labour hire – labour hire worker – supervision – safe work method statement SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – previous finding of guilt - parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment WORK HEALTH AND SAFETY – safe work system – employee training – previous compliance notices – duty Legislation Cited: Work Health and Safety Act 2011 s 32 Crimes (Sentencing Procedure) Act 1999 ss 3, 3A, 21A(2)(g), 21A(3)(e), 21A(3)(f), 21A(3)(h), 21A(3)(i), 21A(3)(m) Fines Act 1996 s 122(2) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 SafeWork NSW v Tamex Transport Services Pty Limited [2016] NSWDC 295 Category: Sentence Parties: Safe Work (NSW) (Prosecutor) Tamex Transport Services P/L t/as Tamex (Defendant) Representation: Counsel: Mr Magee (Prosecutor) Mr Ranken (Defendant)