SafeWork NSW v Advanced Roofing Sydney Pty Ltd

The matter of SafeWork NSW v Advanced Roofing Sydney Pty Ltd was heard in the Local Court of New South Wales. The prosecution was brought against the defendant, Advanced Roofing Sydney Pty Ltd, for breaches of work health and safety regulations that resulted in a worker falling 8.42 metres to the ground, sustaining injuries. The defendant was found to have failed in its duty to undertake an adequate risk assessment, lacked fall prevention devices, and did not have a Safe Work Method Statement covering the hazard of penetrations, nor did it provide appropriate information, instruction, and training. Furthermore, the defendant failed to prohibit work on the roof without adequate control measures for the hazard of penetrations.

The court was required to determine the objective seriousness of the offence, as well as the appropriate penalty, taking into account mitigating and aggravating factors. The defendant had pleaded guilty, which led to a reduction in the fine. The court also had to consider the capacity of the defendant to pay the penalty, as well as the need for general and specific deterrence. Additionally, the court needed to rule on the prosecution's application for costs.

The court found the offence to be of significant objective seriousness, given the risk of death or serious injury to the worker. The mitigating factor of the early guilty plea led to a 25% reduction in the fine. However, the court was heavily critical of the defendant's conduct in filing two lengthy and largely irrelevant affidavits at the last minute, which caused a significant burden on the court and wasted time. The court ordered a fine of $150,000, with 50% to be paid to the prosecutor, and mandated the defendant to pay the prosecutor's costs. Furthermore, the court ordered the defendant to ensure its director completed a Certificate IV in Work Health & Safety (Construction Industry Specific) and to prepare a documented plan for compliance with work health and safety obligations.

The court's final orders included a conviction against Advanced Roofing Sydney Pty Ltd, a fine of $150,000, payment of 50% of the fine to the prosecutor, and payment of the prosecutor's costs. The defendant was also required to ensure its director completed a Certificate IV in Work Health & Safety (Construction Industry Specific) and to prepare a documented plan for compliance with work health and safety obligations. The defendant was to provide evidence of compliance to the prosecutor by 16 February 2023, with liberty to apply in the event of non-compliance.