SafeWork NSW v Lewin Roofing Pty Ltd

SafeWork NSW prosecuted Lewin Roofing Pty Ltd for an offence under section 19(1) of the Work Health and Safety Act 2011 (NSW). The prosecution alleged that Lewin Roofing failed to ensure that its workers were not exposed to risks of death or serious injury. The dispute was heard in the Local Court of New South Wales. The court was required to determine whether the prosecution had proved its case, the objective seriousness of the offence, and the appropriate penalty, including any mitigating or aggravating factors.

The primary legal issue was whether Lewin Roofing had breached its duty under the Work Health and Safety Act. The court considered the evidence presented and the admissions made by the defendant. The court found that the prosecution had established its case, and the defendant pleaded guilty. In sentencing, the court assessed the objective seriousness of the offence, considering the potential harm, the nature of the breach, and the company's capacity to pay. The court also considered mitigating factors such as the plea of guilty and the absence of previous convictions. Aggravating factors included the significant risk to workers and the serious nature of the breach. The court determined that a strong subjective case existed for a substantial penalty to ensure general and specific deterrence.

The court concluded that an appropriate fine was $180,000.00, reduced by 25% for the plea of guilty, resulting in a fine of $135,000.00. The court ordered that 50% of the fine be paid to the prosecutor and that the defendant pay the prosecutor's costs of $25,000.00. This decision ensures that the company is held accountable for its failure to protect its workers and reinforces the importance of compliance with work health and safety laws.