SafeWork NSW v Newcastle Roofing Professionals Pty Ltd - [2025] NSWDC 155

District Court

New South Wales

Medium Neutral Citation: SafeWork NSW v Newcastle Roofing Professionals Pty Ltd [2025] NSWDC 155
Hearing dates: 29 April 2025
Date of orders: 2 May 2025
Decision date: 02 May 2025
Jurisdiction: Criminal
Before: Russell SC DCJ
Decision:
(1)   Newcastle Roofing Professionals Pty Ltd was convicted on 29 April 2025.
(2)   The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3)   Order Newcastle Roofing Professionals Pty Ltd to pay a fine of $300,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5)   Order Newcastle Roofing Professionals Pty Ltd to pay the prosecutor’s costs.

Catchwords:
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty
COSTS – prosecution costs
OTHER – fall from roof – failure to install fall prevention devices around the perimeter of the roof – failure to properly assess anchor point requirements and develop and document an anchor point plan – failure to develop, implement and enforce a site-specific Safe Work Method Statement

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22, 27, 28, 30A, 30B, 30D, 30E
Fines Act 1996 (NSW) ss 6, 122
Work Health and Safety Act 2011 (NSW) ss 3, 19, 32
Work Health and Safety Regulation 2017 (NSW) cll 79, 79, 291, 299

Cases Cited:
Baumer v R [1988] HCA 67; (1988) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338
BW v R [2011] NSWCCA 176
Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
SafeWork NSW v Bermagui Constructions Pty Ltd [2024] NSWDC 604
Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266
Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465

Texts Cited:
Safe Work Australia, Safe Work on Roofs Information Sheet, January 2015
SafeWork NSW, Code of Practice – Construction Work, August 2019
SafeWork NSW, Code of Practice – Managing the Risk of Falls at Workplaces, August 2019
SafeWork NSW, Code of Practice – Managing the Risk of Falls in Housing Construction, August 2019
SafeWork NSW, Construction Falls from Height Blitz Checklist, undated
SafeWork NSW, Harness safe work Information session, September 2021
SafeWork NSW, Roof edge protection…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWDC 155
Decision Date: 02 May 2025

CaseChat Overview and Summary

The Newcastle Roofing Professionals Pty Ltd was prosecuted by SafeWork NSW for breaches of work health and safety legislation, following an incident where a worker fell from a roof. The court was tasked with determining the culpability of the company and assessing the appropriate penalties, including fines and costs, in light of the serious nature of the incident. The company was found to have failed to install fall prevention devices, properly assess anchor point requirements, and develop a site-specific Safe Work Method Statement, all of which contributed to the worker's fall.

The court had to consider several legal issues, including the company's duty under work health and safety legislation to prevent risks of death or serious injury, the objective seriousness of the offence, and the mitigating and aggravating factors relevant to the sentencing. The company's early plea of guilty was noted as a mitigating factor, while the objective seriousness of the incident, which involved a significant risk of death or serious injury, was considered an aggravating factor. The court also had to weigh the need for general and specific deterrence against the company's capacity to pay.

In reaching its decision, the court emphasised the gravity of the breaches, which had a direct impact on the safety of workers. The court acknowledged the company's early guilty plea but also considered the severe consequences of the incident, which highlighted the need for strong general and specific deterrence. The court ordered a fine of $300,000, reduced by 25% for the early guilty plea, and mandated that half of the fine be paid to the prosecutor. Additionally, the company was ordered to pay the prosecutor’s costs.

The court's final orders included a conviction against Newcastle Roofing Professionals Pty Ltd, a reduced fine of $300,000, a requirement for 50% of the fine to be paid to the prosecutor, and an order for the company to pay the prosecutor's costs. This decision underscores the importance of compliance with work health and safety laws and the potential consequences for non-compliance.

Orders

Orders of the court

(1) Newcastle Roofing Professionals Pty Ltd was convicted on 29 April 2025.

(2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3) Order Newcastle Roofing Professionals Pty Ltd to pay a fine of $300,000.

(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.

(5) Order Newcastle Roofing Professionals Pty Ltd to pay the prosecutor’s costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	SafeWork NSW v Newcastle Roofing Professionals Pty Ltd [2025] NSWDC 155
Hearing dates:	29 April 2025
Date of orders:	2 May 2025
Decision date:	02 May 2025
Jurisdiction:	Criminal
Before:	Russell SC DCJ
Decision:	(1) Newcastle Roofing Professionals Pty Ltd was convicted on 29 April 2025. (2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Newcastle Roofing Professionals Pty Ltd to pay a fine of $300,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Newcastle Roofing Professionals Pty Ltd to pay the prosecutor’s costs.
Catchwords:	CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – fall from roof – failure to install fall prevention devices around the perimeter of the roof – failure to properly assess anchor point requirements and develop and document an anchor point plan – failure to develop, implement and enforce a site-specific Safe Work Method Statement
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22, 27, 28, 30A, 30B, 30D, 30E Fines Act 1996 (NSW) ss 6, 122 Work Health and Safety Act 2011 (NSW) ss 3, 19, 32 Work Health and Safety Regulation 2017 (NSW) cll 79, 79, 291, 299
Cases Cited:	Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Bermagui Constructions Pty Ltd [2024] NSWDC 604 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465
Texts Cited:	Safe Work Australia, Safe Work on Roofs Information Sheet, January 2015 SafeWork NSW, Code of Practice – Construction Work, August 2019 SafeWork NSW, Code of Practice – Managing the Risk of Falls at Workplaces, August 2019 SafeWork NSW, Code of Practice – Managing the Risk of Falls in Housing Construction, August 2019 SafeWork NSW, Construction Falls from Height Blitz Checklist, undated SafeWork NSW, Harness safe work Information session, September 2021 SafeWork NSW, Roof edge protection…