Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 92

District Court New South Wales

Medium Neutral Citation: Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 92 Hearing dates: 5 May 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $1 million. 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 in the sum of $50,460.90. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker – contractor liability SENTECE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – vulnerability of victim OTHER- building site – power lines – safe working distance – safety protocol – procedure – improvement notices – work health and safety – code of practice – high voltage electricity – prohibition notice – safe work method statement Legislation Cited: Work Health and Safety Act 2011 ss. 19(1), 32 Crimes (Sentencing Procedure) Act 1999 ss. 21A(2)(g), 21A(3)(e) Fines Act 1996 s.122(2) Cases Cited: R v Youkhana [2004] NSWCCA 412 Jahandideh v R [2014] NSWCCA 178 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Category: Sentence Parties: Safe Work (NSW) (Prosecutor) WGA Pty LTD (Defendant) Representation: Counsel: Mr B Docking (Prosecutor) No Appearance (Defendant)