SafeWork NSW v Duct Australia Pty Ltd

SafeWork NSW prosecuted Duct Australia Pty Ltd following an incident in which a worker's hand was crushed in a press. The matter was heard in the Local Court of New South Wales, where the defendant was convicted and fined, and ordered to pay costs. The defendant appealed to the District Court, where the appeal was dismissed, and the defendant now appeals to the Supreme Court.

The appeal raises questions about the assessment of penalties in work health and safety prosecutions, and the court’s consideration of mitigating and aggravating factors. The appeal also questions the appropriateness of the fine, and whether it was disproportionate to the circumstances of the case. The appeal further questions the costs awarded to the prosecutor.

The Supreme Court held that the appeal was without merit. The court found that the penalty was proportionate to the circumstances of the case, and that the court had properly considered the relevant mitigating and aggravating factors. The court held that the penalty was appropriate to achieve specific and general deterrence, and that it was not disproportionate. The court also found that the costs awarded were reasonable. The appeal was dismissed, and the decision of the District Court was affirmed.

The defendant is to pay the prosecutor’s costs and disbursements as agreed or assessed.