Nang & Associates Pty Ltd v Chan

The appellant, Nang & Associates Pty Ltd, appeals against the sentence imposed on it by the Magistrates Court. The appellant pleaded guilty to failing to obtain and maintain a current policy of workers' compensation insurance for the period of 30 June 2018 to 17 October 2019. It was fined $35,000, and ordered to pay $16,253.16, being the sum equal to the total insurance premiums avoided, to the 'General Account'. The appeal raises three issues: whether the fine was manifestly excessive, whether the fine infringed the totality principle, and whether the magistrate erred in having regard to the amount of the avoided premiums in assessing the seriousness of the offence. The appeal was dismissed. The magistrate had erred in taking into account the amount of the avoided premiums in determining the seriousness of the offence. However, there was no miscarriage of justice. If the court was to exercise the sentencing discretion afresh, it would not impose a lesser penalty. A fine which equated to only 5.6% of the maximum penalty was plainly within the range of an appropriate disposition. Indeed, on the material available to the magistrate, the fine was considered to have been lenient.