SafeWork NSW v MJM Painting Services Pty Limited; SafeWork NSW v Miro Maric

SafeWork NSW initiated proceedings against MJM Painting Services Pty Limited and Miro Maric, its director, in relation to an incident at a worksite where a worker suffered a serious injury. The proceedings were heard in the Local Court of New South Wales. The primary dispute centred on the breaches of work health and safety laws under the Occupational Health and Safety Act 2000 by the company and its director, who were alleged to have failed in their duty to ensure the safety of workers, leading to a risk of death or serious injury. The court needed to determine whether the accused parties contravened the relevant provisions and, if so, what penalties should be imposed.

The legal issues the court needed to address included whether the accused entities breached their statutory duties under the Occupational Health and Safety Act 2000, the extent of their culpability, and the appropriate penalty to be imposed considering various factors such as the objective seriousness of the offence, the mitigating and aggravating circumstances, the plea of guilty, and the purposes of general and specific deterrence. The court also considered the costs associated with the prosecution.

In delivering the judgment, the court found both parties guilty as charged. The court found that the company and its director failed in their duty to ensure the safety of workers, resulting in a serious injury. The court calculated the objective seriousness of the offences and imposed fines that were reduced by 25% for the pleas of guilty. The court ordered MJM Painting Services Pty Limited to pay a fine of $187,500, with 50% to be paid to the prosecutor, and additionally ordered the company to pay prosecution costs of $45,000. Miro Maric was ordered to pay a fine of $37,500, with 50% to be paid to the prosecutor. The court emphasised the importance of compliance with work health and safety laws to protect workers and the need for penalties to serve as a deterrent.