SafeWork NSW v Duralina Pty Ltd; SafeWork NSW v Mill HR Pty Ltd

SafeWork NSW initiated legal proceedings against Duralina Pty Ltd and Mill HR Pty Ltd for alleged breaches of work health and safety regulations under the Work Health and Safety Act 2011 (NSW). The disputes centred around incidents that posed a risk of death or serious injury, and the court was required to determine whether the companies had fulfilled their duties under the Act. The Local Court presided over the case, with the primary focus on the adequacy of the companies' compliance with safety regulations and the appropriate penalties for the breaches.

The key legal issues before the court involved assessing whether Duralina Pty Ltd and Mill HR Pty Ltd had adequately discharged their duty to ensure the health and safety of their employees, particularly in relation to the risk of death or serious injury. The court needed to determine the appropriate penalties for the breaches, considering factors such as the utility of the early plea and the statutory provisions for fines. Additionally, the court had to decide on the allocation of costs between the prosecutor and the defendants.

In its judgment, the court found Duralina Pty Ltd guilty of the charges. The court imposed a fine of $100,000, which was reduced by 25% due to the early plea, resulting in a fine of $75,000. The court further reduced this fine by 25% under the Fines Act 1996 (NSW), resulting in a final fine of $56,250, with 50% of this amount payable to the prosecutor. For Mill HR Pty Ltd, the court exercised its discretion to discharge the company on the condition that it enter into a conditional release order for 12 months. Both companies were ordered to pay the prosecutor's costs as agreed or assessed.

The final orders included the conditional discharge for Mill HR Pty Ltd, a fine of $56,250 for Duralina Pty Ltd with a moiety of 50% payable to the prosecutor, and an order for both companies to pay the prosecutor's costs as agreed or assessed.