SafeWork NSW v L&N Properties Pty Limited

SafeWork NSW brought proceedings against L&N Properties Pty Limited in the Local Court of New South Wales for alleged breaches of the Work Health and Safety Act 2011. The prosecution was concerned with the company's failure to ensure the safety of workers, which resulted in a worker sustaining serious injuries. The case required the court to determine whether L&N Properties Pty Limited had breached its duty under the Act and to assess an appropriate penalty if found guilty.

The court examined the legal obligations of L&N Properties Pty Limited as an employer, specifically whether the company had taken reasonable steps to prevent the risk of death or serious injury to its workers. The prosecution argued that the company failed to provide adequate safety measures, leading to the worker's injuries. The defence, on the other hand, claimed that all reasonable precautions were taken and that the incident was unforeseeable.

The court found L&N Properties Pty Limited guilty, considering the objective seriousness of the breaches and the risk posed to workers. It took into account various factors such as the company's limited capacity to pay, its lack of previous convictions, and the plea of guilty as mitigating factors. The court emphasised the importance of deterrence and the need to uphold workplace safety standards. The total fines imposed were $100,000, with 50% to be paid to the prosecutor and the remainder to cover the costs of the proceedings. The court also ordered that the offender pay the prosecutor's costs of $30,000.