SafeWork NSW v Douglas Box Pty Limited

SafeWork NSW prosecuted Douglas Box Pty Limited for a breach of its duty under the Work Health and Safety Act 2011. The dispute centred on the company's failure to ensure the safety of its employees, resulting in a risk of death or serious injury. The case was heard in the Local Court of New South Wales. The legal issues before the court were whether the company had contravened its duty to prevent risks to health and safety, and if so, what the appropriate penalty and costs should be.

The court considered the objective seriousness of the offence, taking into account the risk to employees' lives and the gravity of the breach. It also weighed mitigating factors such as the company's prompt action in addressing the issue post-incident and its cooperation with authorities. Aggravating factors included the significant harm that could have resulted from the breach and the company's previous history of non-compliance. The company's plea of guilty resulted in a 25% discount on the penalty. The court emphasised the importance of general and specific deterrence in setting the penalty, alongside the company's demonstrated remorse and contrition.

After evaluating all factors, the court determined that a fine of $100,000 was appropriate, reduced by 25% due to the plea of guilty, resulting in a fine of $75,000. Half of this fine was to be paid to the prosecutor, and the company was also ordered to pay the prosecutor's costs of $40,000. The court concluded that this penalty served the dual purposes of punishing the company and deterring future breaches of work health and safety regulations.