SafeWork NSW v Built by EPS Pty Ltd

The case of SafeWork NSW v Built by EPS Pty Ltd concerned a prosecution brought against a company and its director for violations of work health and safety laws. The defendants were accused of failing to ensure the safety of workers, leading to injuries that could have been fatal. The matter was heard and determined in the Local Court of New South Wales.

The court was tasked with deciding the appropriate penalties for Built by EPS Pty Ltd and its director, Paul Wahhab, under various sections of the Work Health and Safety Act 2011 and the Occupational Health and Safety Act 2000. The legal issues included assessing the objective seriousness of the offences, considering factors that might aggravate or mitigate the penalties, and determining the capacity of the defendants to pay the fines. The court also had to consider sentencing principles such as the lack of previous convictions, the prospects for rehabilitation, and the defendants' remorse and guilty pleas.

The court found that Built by EPS Pty Ltd was guilty of multiple offences, each carrying a specific fine. The total fine for the company was set at $159,000, with half to be paid to the prosecutor. For Paul Wahhab, the court imposed a fine of $15,000, along with an order to complete a Certificate IV in Work Health and Safety by a specified date. Both defendants were also required to pay the prosecutor's costs. The court based its decision on the severity of the breaches, the need for deterrence, and the mitigating factors presented.

The court's final orders included convictions for both Built by EPS Pty Ltd and Paul Wahhab, with specific fines and additional requirements for Wahhab to complete a work health and safety course. Both defendants were also ordered to pay the prosecutor's costs and half of the fines to the prosecutor under the Fines Act 1996.