SafeWork NSW v Broadspectrum (Australia) Pty Ltd [2018] NSWDC 7

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Broadspectrum (Australia) Pty Ltd [2018] NSWDC 7 Hearing dates: 30 November 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted and fined $240,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs in an agreed sum of $51,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety SENTENCE – objective seriousness – safe systems – general and specific deterrence – acceptance of responsibility and remorse – post incident steps taken by defendant – defendant a citizen of good standing – plea of guilty Steel storage rack in yard exposed to corrosive elements – worker collecting item from rack – rack affected by rust and corroded – rack collapsed – fatal injury Legislation Cited: Workplace Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: SafeWork NSW (prosecutor); Broadspectrum (Australia) Pty Ltd (defendant) Representation: Counsel: Ms E James appeared for the prosecutor; Mr B Hodgkinson SC appeared for the defendant

Solicitors: SafeWork NSW Legal Services (prosecutor); K&L Gates Lawyers (defendant) File Number(s): 2016/274750

Judgment

The charge and the plea 1. The defendant is charged with an offence under s 32 of the Work Health and Safety Act 2011 in that on the 29 January 2015 at Botany Industrial Park, Botany in the State of New South Wales, it did fail to comply with a duty under section 19(1) of the Act. 2. The defendant has pleaded guilty. 3. The maximum penalty is $1,500,000.