SafeWork NSW v Spectra Plumbing Pty Ltd [2019] NSWDC 415

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Spectra Plumbing Pty Ltd [2019] NSWDC 415 Hearing dates: 31 July 2019 Date of orders: 12 August 2019 Decision date: 12 August 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The offender is convicted. (2) I impose a fine of $150,000. (3) I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (4) The offender is to pay the prosecutor's costs as agreed in the sum of $23,000. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of serious injury – worker injured SENTENCING – mitigating factors – objective seriousness – general deterrence – no record of previous convictions – good prospects of rehabilitation – plea of guilty – assistance to law enforcement authorities – remorse WORK HEALTH AND SAFETY – lack of employee training – no documented safe work procedure – risk control measures available at low cost COSTS – prosecution costs OTHER – work at heights – plumbing – installation of copper pipes – high voltage power lines – electric shock Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 Texts Cited: Guidelines for Scaffolding WorkCover NSW Work Near Overhead Power Lines Code of Practice (2006) Category: Sentence Parties: SafeWork NSW (Prosecutor) Spectra Plumbing Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) C Magee (Defendant)