SafeWork NSW v Demolition 1 Pty Limited

The case of SafeWork NSW v Demolition 1 Pty Limited involved a prosecution under work health and safety laws. SafeWork NSW, acting as the regulator, brought charges against Demolition 1 Pty Limited for breaches that allegedly endangered the safety of workers, potentially resulting in death or serious injury. The dispute was heard in the Local Court of New South Wales. The legal issues before the court included determining the appropriate penalties for the breaches, considering both the objective seriousness of the offences and the mitigating and aggravating factors presented. The court was also required to decide on the defendant’s capacity to pay fines under the Fines Act 1996 (NSW) and to award costs to the prosecutor.

The court considered the objective seriousness of the offences, the plea of guilty, and mitigating and aggravating factors. Given the plea of guilty, the court applied a discount to the fines. It also took into account the utility of the plea in reducing the penalties. The court determined that the defendant's capacity to pay was limited, exercising its discretion to reduce the fines by 50%. Additionally, the court ordered that 50% of the fines be paid to the prosecutor and mandated the defendant to pay the prosecutor’s costs under the Criminal Procedure Act 1986 (NSW).

The court found Demolition 1 Pty Limited guilty on both counts. It imposed fines of $75,000 for the Section 32 offence and $15,000 for the Section 33 offence, reflecting the discounts for the guilty plea and the capacity to pay. The court also ordered that half of these fines be paid to SafeWork NSW and mandated the defendant to cover the prosecutor's costs as per the statutory provisions.