SafeWork NSW v Millart Enterprises and Notlad Enterprises

SafeWork NSW brought an action against Millart Enterprises and Notlad Enterprises, alleging breaches of work health and safety laws resulting in the death of a customer. The dispute was heard in the Local Court of New South Wales. The central legal issue was whether the companies had fulfilled their duty under the work health and safety legislation to prevent the risk of death or serious injury to employees and others. Additionally, the court had to consider the appropriate penalty for the breaches, taking into account mitigating and aggravating factors, the objective seriousness of the offence, and the need for specific and general deterrence.

The court found that both companies had failed in their duty to ensure the safety of individuals on their premises, leading to the death of a customer. In determining the appropriate penalty, the court considered the capacity of each company to pay, the objective seriousness of the breach, and the need to deter future breaches. Mitigating factors included the companies' lack of prior convictions and their cooperation with the investigation. However, the court also noted aggravating factors, such as the significant harm caused by the breach and the preventable nature of the incident. After weighing these considerations, the court imposed a fine of $60,000 on each company and ordered that they pay the prosecution costs as agreed or assessed. The court's decision emphasised the importance of compliance with work health and safety laws to protect the well-being of all individuals in the workplace.