SafeWork NSW v CTN Construction Pty Limited

SafeWork NSW prosecuted CTN Construction Pty Limited for breaches of work health and safety legislation, following an incident where a worker fell from a height. The dispute was heard in the Local Court of New South Wales. The key legal issues were whether CTN Construction had fulfilled its duty under the work health and safety laws, particularly concerning the risk of death or serious injury, and if so, what the appropriate penalty should be considering the circumstances of the offence.

The court considered the principles of sentencing in light of the totality of the circumstances, the objective seriousness of the offence, and the presence of mitigating and aggravating factors. CTN Construction pleaded guilty, which was a mitigating factor. However, the court also considered the need for general and specific deterrence, as well as the need for the company to take responsibility for ensuring the safety of its workers. The court found that CTN Construction had not adequately supervised its subcontractors and trades, leading to the incident.

After weighing all factors, the court convicted CTN Construction and ordered a fine of $75,000, with half to be paid to the prosecutor. Additionally, the company was ordered to pay $20,000 in agreed prosecution costs. The court emphasised the importance of ensuring safety in the workplace, particularly the need for head contractors to supervise subcontractors and trades effectively to prevent such incidents.