SafeWork NSW v AKA Civil Australia Pty Limited

In SafeWork NSW v AKA Civil Australia Pty Limited, the issue before the court was the prosecution of a company for breaches of work health and safety laws that led to a significant incident. During a demolition project, a brick wall collapsed, causing bricks, scaffolding, and power lines to fall onto a main road, resulting in potential serious injury or death. The dispute centred on whether the company had fulfilled its duty to ensure the safety of the work environment and the adequacy of the risk assessment and supervision provided.

The court was required to determine several legal issues, including the severity of the breach and the appropriate penalty. It also had to consider the objective seriousness of the incident, the mitigating factors, and the aggravating circumstances, such as the absence of an adequate risk assessment, demolition plan, or adequate supervision. Additionally, the court needed to weigh the plea of guilty as a mitigating factor against the need for general and specific deterrence in setting an appropriate penalty.

The court found the company guilty of the charges and assessed the objective seriousness of the incident. It took into account the plea of guilty as a mitigating factor, reducing the fine by 20%. However, the severity of the breach, the risk to public safety, and the lack of adequate risk management and supervision were considered aggravating factors. The court imposed a fine of $200,000, reduced to $160,000 due to the guilty plea. Additionally, it ordered that 50% of the fine be paid to the prosecutor and that the company cover the prosecution's costs. This decision underscores the importance of adhering to work health and safety regulations to prevent such incidents.