SafeWork NSW v NonAbel Concrete Pump Pty Ltd; SafeWork NSW v Bilal Hamdan

The case involved SafeWork NSW prosecuting NonAbel Concrete Pump Pty Ltd and Bilal Hamdan for breaches of the Work Health and Safety Act 2011. The prosecution arose from an incident where a concrete hose, which was improperly secured, struck a worker in the head, causing serious injury. The court needed to determine the appropriate penalties for the offences committed by the company and the individual, as well as any ancillary orders that should be made.

The legal issues before the court included the calculation of fines for both the company and the individual, taking into account the objective seriousness of the offences, mitigating and aggravating factors, and the respective capacities to pay. The court also had to consider whether any additional orders, such as training requirements, should be made for the individual offender. Furthermore, the court examined the matter of costs to be awarded to the prosecutor.

In its reasoning, the court found that the use of dangerous equipment and the failure to properly secure the hose constituted a foreseeable risk that resulted in serious injury. The court acknowledged the guilty pleas as a mitigating factor, reducing the fines accordingly. For NonAbel Concrete Pump Pty Ltd, the court set a fine of $375,000, reflecting a 25% reduction for the plea of guilty and a further consideration of the company's capacity to pay. Additionally, the court ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecutor’s costs. For Bilal Hamdan, the court imposed a fine of $10,000, reduced to account for his plea of guilty and his reduced capacity to pay. The court also mandated that he undertake specific training courses and provide evidence of completion.

The final orders included a conviction for both the company and the individual, fines of $375,000 and $10,000 respectively, with specific provisions for payment to the prosecutor and the company’s obligation to pay costs. For Bilal Hamdan, additional orders included mandatory training and the submission of evidence of completion.