Director of Public Prosecutions v Multiworks Australia Pty Ltd (ACN 163 646 016)

The Director of Public Prosecutions brought a prosecution against Multiworks Australia Pty Ltd in relation to a workplace death in the construction industry. The incident occurred when a worker fell from a height and died. The company was charged with a breach of Section 21 of the Occupational Health and Safety Act 2004 (Vic), which pertains to a duty to provide a safe work environment. Additionally, the company was charged with a breach of Regulation 327 of the Occupational Health and Safety Regulations 2017 (Vic), which requires the provision of a suitable harness and lanyard when working at a height. The company contested the charges, arguing that compliance with the regulation would not have prevented the death.

The primary legal issue before the court was whether the company could be held liable for the death despite not being able to prevent it through compliance with the regulation. The court considered whether the company had a duty to take reasonable steps to ensure the safety of its employees and whether the failure to do so was a breach of the Occupational Health and Safety Act. The court also had to determine whether the death was caused by the company's breach of duty or whether it was due to the actions or inactions of the deceased employee.

The court found that the company had failed to take reasonable steps to ensure the safety of its employees and had breached its duty under the Occupational Health and Safety Act. However, the court also found that compliance with Regulation 327 would not have prevented the death in this case. As such, the court imposed a fine of $50,000.00 without recording a conviction. The court considered the company's efforts to improve its safety practices and the fact that the death was not caused by a breach of duty on the part of the deceased employee. The court concluded that a conviction was not necessary in the circumstances of the case.

The court ordered that Multiworks Australia Pty Ltd pay a fine of $50,000.00 without conviction. The court also noted that the company had taken steps to improve its safety practices and had cooperated with the prosecution. The court considered these factors in determining the appropriate penalty.