SafeWork NSW v Aland B & W Pty Ltd

In the case of SafeWork NSW v Aland B & W Pty Ltd, the defendant, a company engaged in construction, was prosecuted by SafeWork NSW for breaches of work health and safety legislation, which resulted in a serious injury to an employee. The dispute was heard in the Local Court of New South Wales. The crux of the matter revolved around whether the company had failed to meet its duty under the work health and safety legislation to ensure the health and safety of its workers, thereby exposing them to a risk of death or serious injury.

The court had to decide the appropriate penalty for the company, considering the objective seriousness of the offence, any mitigating or aggravating factors, and the utility of the defendant’s early guilty plea. In determining the penalty, the court also considered factors such as general deterrence, specific deterrence, and the company's demonstration of remorse and contrition. The maximum penalty for the offence was examined alongside statutory provisions for discounts and costs.

The court concluded that the company was guilty of the offence and sentenced it to pay a fine of $300,000.00, reduced by 25% to reflect the early guilty plea, resulting in a fine of $225,000.00. Additionally, half of the fine was ordered to be paid to the prosecutor, and the defendant was required to pay the prosecutor’s costs in the sum of $27,000.00. These orders were made to ensure adequate deterrence and to provide a remedy to the victim of the unsafe work practices.