HD Projects Pty Ltd v SafeWork NSW [2022] NSWCCA 212
Hearing dates:
3 August 2022
Date of orders:
30 September 2022
Decision date:
30 September 2022
Before:
Macfarlan JA at [1] Hamill J at [70] Cavanagh J at [71]
Decision:
Appeal dismissed.
Catchwords:
CRIME — work health and safety — appeal against conviction for breaching duty owed by persons conducting a business or undertaking under s 19(2) of the Work Health and Safety Act 2011 (NSW) — appeal pursuant to s 5AA of the Criminal Appeal Act 1912 (NSW) — consideration of extent to which challenges to findings of fact permitted
CRIME — work health and safety — whether conduct of labour hire worker occurred as part of host’s business or undertaking for the purposes of s 19(2) of the Work Health and Safety Act — alleged error in finding that worker an employee or agent of hirer for the purposes of s 244 not material — conviction well supported by factual findings without the need to rely on s 244
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
Continue reading HD Projects Pty Ltd v SafeWork NSW
Sign in free to access the full text
Details
AGLC
HD Projects Pty Ltd v SafeWork NSW [2022] NSWCCA 212
Case
[2022] NSWCCA 212
Decision Date
CaseChat Overview and Summary
The case of HD Projects Pty Ltd v SafeWork NSW was heard in the Supreme Court of New South Wales. The dispute centred on the conviction of HD Projects for breaching their duty under section 19(2) of the Work Health and Safety Act 2011 (NSW). The appeal was brought by HD Projects against their conviction, questioning the extent to which challenges to findings of fact were permissible.
The legal issues the court was required to decide included whether the actions of the labour hire worker were part of the host’s business or undertaking for the purposes of section 19(2) of the Act, and whether there was an error in finding that the worker was an employee or agent of the hirer for the purposes of section 244 of the Act. The court needed to consider whether any alleged error in finding that the worker was an employee or agent was material and whether the conviction was well supported by factual findings without reliance on section 244.
The Supreme Court found that the appeal did not succeed as the conviction was well supported by factual findings. The court held that any error in finding that the worker was an employee or agent of the hirer was not material. The court also concluded that the extent to which challenges to findings of fact were permitted in this context was limited. Consequently, the conviction was upheld, and HD Projects' appeal was dismissed.