SafeWork NSW v Civil 1 Pty Ltd

In SafeWork NSW v Civil 1 Pty Ltd, the issue before the court was whether Civil 1 Pty Ltd had contravened certain sections of the Work Health and Safety Act 2011 (NSW). SafeWork NSW alleged that Civil 1 Pty Ltd had committed offences under sections 32 and 197 of the Act. The case revolved around the company's alleged failure to ensure the health and safety of workers, which resulted in a risk of death or serious injury. The contested sections pertained to the duty of persons undertaking a business or undertaking to ensure health and safety, and the specific duty of an employer in that regard.

The court was tasked with determining whether the prosecution had proved beyond reasonable doubt that Civil 1 Pty Ltd had failed to meet its obligations under section 32 of the Act. This involved assessing the risk of death or serious injury to which employees were exposed. Additionally, the court had to consider whether the company had contravened section 197, which relates to the failure to comply with a direction issued under the Act. The court had to evaluate the evidence presented to decide whether the alleged breaches occurred and whether the company was culpable.

The court concluded that the prosecutor had not proven beyond reasonable doubt the elements of the section 32 offences. The evidence did not sufficiently establish the requisite risk of death or serious injury. However, the court found Civil 1 Pty Ltd guilty of the section 197 offence, as it was established that the company had failed to comply with a direction issued under the Act. The court scheduled a date for sentencing and to make final orders in relation to the section 32 offences. The matter was listed for 31 March 2025.