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
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
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
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…
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- Case
- [2025] NSWDC 155
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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