SafeWork NSW v Investa Asset Management Pty Ltd [2019] NSWDC 472

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Investa Asset Management Pty Ltd [2019] NSWDC 472 Hearing dates: 29 July 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a fine of $400,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 I make adverse publicity orders in accordance with paragraphs 142, 143, 144, 145 and 146. 5 The offender is to pay the prosecutor's costs of the proceedings as agreed or assessed. 6 The prosecutor is to pay the offender's costs of the interlocutory application, including any costs thrown away by the adjournment, as agreed or assessed. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of serious injury – workers injured SENTENCING – objective seriousness – reasonably foreseeable risk – general deterrence – specific deterrence – aggravating factors – substantial harm – mitigating factors – no record of previous convictions – good prospects of rehabilitation – assistance to law enforcement authorities WORK HEALTH AND SAFETY – 10 year major inspection not undertaken OTHER – work at heights – window cleaning – building maintenance unit – load bearing bolts fractured – building maintenance unit fell 25 metres – landed on awning 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 Green v The Queen (2011) 244 CLR 462 R v Thangavelautham [2016] NSWCCA 141 R v Tuala [2015] NSWCCA 8 R v Youkhana [2004] NSWCCA 412 Texts Cited: Facilities Management Industry Association of Australia Magazine Facility Management Magazine INCLEAN Magazine Category: Sentence Parties: SafeWork NSW (Prosecution) Investa Asset Management (Defendant) Representation: Counsel: J Agius SC with M Moir (Prosecution) P Strickland SC with J Adamopoulos (Defendant)