SafeWork NSW v Tolputt [2017] NSWDC 285

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Tolputt [2017] NSWDC 285 Hearing dates: 1 September 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted and fined the sum of $20,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs as may be agreed or assessed. Catchwords: CRIMINAL LAW – work health and safety – worker's duty not to adversely affect the health and safety of other persons – defendant a self-employed tree climbing contractor – method prepared by BTS for removing tree that had fallen onto house – method not capable of implementation – defendant utilised another method without discussion with BTS – other workers on roof of house – exposure to risk of being struck by tree parts and risk of fall from roof – aggravating and mitigating factors – relief under Fines Act Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Cases Cited: Bulga Underground Operations v Nash [2016] NSWCCA 37 Texts Cited: Amenity Tree Industry Code of Practice – WorkCover, August 1998; Managing the Risk of Falls at Workplaces Code of Practice – Safe Work Australia, January 2012; Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice, WorkCover NSW, December 2011; National Code of Practice for the Prevention of Falls in Housing Construction - SafeWork Australia, April 2010 Category: Sentence Parties: SafeWork NSW (prosecutor); Jeremi Scott Tolputt (defendant) Representation: Counsel: Mr B Docking appeared for the prosecutor; Ms K Conte-Mills appeared for the defendant