SafeWork NSW v Go Go Petroleum Pty Ltd

SafeWork NSW prosecuted Go Go Petroleum Pty Ltd following an incident where an underground fuel tank exploded due to pressure testing conducted by an unqualified worker. The explosion occurred because the pressure exceeded safe limits by ten times, resulting in significant risks to employees and the public. The primary legal issues in this case centred on whether Go Go Petroleum Pty Ltd had fulfilled their duty under work health and safety laws by providing adequate information, instruction, and training, and by ensuring proper on-site supervision. Additionally, the court had to consider whether the company should have engaged a specialist contractor to perform the pressure testing. The court found that the company had failed in these duties, leading to the prosecution.

The court considered various factors in determining the appropriate penalty. These included the objective seriousness of the incident, potential risks to employees and the public, the company’s plea of guilty, and the need for deterrence. The explosion presented a significant risk of death or serious injury, and the company’s failure to provide adequate training and supervision exacerbated this risk. The company's early plea of guilty was recognised as a mitigating factor, while the objective seriousness of the offence and the need for deterrence were aggravating factors. The court concluded that an appropriate penalty would serve both general and specific deterrence, while also reflecting the company's capacity to pay.

The court ordered that Go Go Petroleum Pty Ltd be convicted and imposed a fine of $160,000, which was reduced by 25% to reflect the early plea of guilty, resulting in a fine of $120,000. Half of the fine was directed to be paid to the prosecutor under Section 122(2) of the Fines Act 1996 (NSW). Additionally, the company was ordered to pay the prosecutor’s costs, which were agreed upon at $43,434.92. This comprehensive penalty aimed to address the company’s breaches of work health and safety obligations and to deter future non-compliance.