SafeWork NSW v Linda June Priest

The case of SafeWork NSW v Linda June Priest involved a prosecution against the defendant for her role in the tragic incident where a labour hire worker rode a quad bike onto a dam wall, causing the bike to tip over and trapping the worker, who subsequently died. The defendant, Linda June Priest, was associated with a labour hire company, and the case was heard in the District Court of New South Wales. The legal dispute centred on whether Linda June Priest, as a person undertaking a business, had failed to comply with her statutory duties under the Work Health and Safety Act 2011 (NSW). Specifically, it was alleged that she had not made inquiries about the nature of work to be performed by the labour hire company, had not ensured that a risk assessment was conducted, had not provided appropriate protective equipment, and had not engaged in adequate consultation, co-operation, and co-ordination to ensure safety.

The court was tasked with determining the objective seriousness of the offences, considering various mitigating and aggravating factors. In assessing the penalty, the court took into account the defendant’s plea of guilty, which resulted in a 15% reduction in the fine. The court also considered the need for general and specific deterrence, as well as the capacity of the defendant to pay the penalty. The court concluded that the appropriate fines for the offences under sections 32 and 46 of the Work Health and Safety Act 2011 (NSW) were $10,000 and $4,000, respectively. After applying the reduction for the plea of guilty, the fines were set at $8,500 and $3,400. Additionally, the court ordered that half of the fines be paid to the prosecutor under Section 122(2) of the Fines Act 1996 (NSW) and mandated that the defendant pay the agreed prosecution costs of $30,000.

The final orders included the conviction of Linda June Priest on both charges, the imposition of fines, and the payment of prosecution costs and fines to the prosecutor. For the charge under section 32, the court ordered a fine of $8,500, with half to be paid to the prosecutor and the remaining costs agreed upon to be $30,000. For the charge under section 46, the court ordered a fine of $3,400, with half to be paid to the prosecutor. No further costs were ordered in relation to the second charge.