SafeWork NSW v BSA Limited (No. 4)

SafeWork NSW, acting as the prosecutor, brought proceedings against BSA Limited concerning alleged contraventions of work health and safety legislation. The case was heard by the NSW Civil and Administrative Tribunal. The primary dispute centred around the determination of costs incurred by the prosecutor following BSA Limited's guilty plea. Specifically, the tribunal had to decide the proportion of these costs that BSA Limited should bear.

The tribunal addressed whether the prosecutor's costs were reasonable and whether any negotiations between the parties regarding the plea should influence the cost allocation. It considered that the principles governing costs in criminal proceedings could be applied in this context, focusing on the proportionality of the costs to the nature and complexity of the case. The tribunal also examined the relevance of any negotiations concerning the plea to the proportionality of the costs.

In its decision, the tribunal found that BSA Limited should pay 85% of the prosecutor's costs. This proportion was deemed appropriate given the circumstances, including the nature of the contraventions and the overall proceedings. The tribunal concluded that while the negotiations between the parties were relevant, they did not warrant a deviation from the established principles of cost proportionality. Consequently, the exhibits were ordered to be returned to the parties.