SafeWork NSW v Thermal Electric Elements Pty Ltd [2017] NSWDC 62

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Thermal Electric Elements Pty Ltd [2017] NSWDC 62 Hearing dates: 7 March 2017 Decision date: 24 March 2017 Jurisdiction: Criminal Before: Kearns DCJ Decision: The defendant is convicted and fined the sum of $250,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs as agreed or assessed. Catchwords: WORK HEALTH AND SAFTY – CRIME – work experience placement – CNC brake press – crush zone – hand caught in crush zone – amputation – general lack of information, induction, training and supervision – incorrect safety setting on machinery – foreseeability of risk – measures readily available to eliminate the risk – general deterrence – specific deterrence – no prior conviction – plea of guilty - discount Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bulga Underground Operations v Nash [2016] NSWCCA 37; Attorney General of NSW v Tho Services Limited (In Liquidation) [2016] NSWCCA 221 Category: Sentence Parties: SafeWork New South Wales (Prosecutor); Thermal Electric Elements Pty Ltd (Defendant) Representation: Counsel: Mr C Magee appeared for the prosecutor; Ms W Thompson appeared for the defendant.

Solicitors: SafeWork NSW Legal Services (Prosecutor); Lander & Rogers Lawyers (Defendant) File Number(s): 2016/174544

Judgment

The charge and the plea 1. Thermal Electric Elements Pty Ltd (defendant) is charged with a breach of s 32 of the Work Health and Safety Act 2011 (the Act) in that on 6 August 2014 at 7 Buckman Close, Toormina (the premises), it failed to comply with a duty under s 19(1). The defendant has pleaded guilty.