District Court
New South Wales
Medium Neutral Citation: SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 160 Hearing dates: 27 April 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. I am satisfied beyond reasonable doubt that the prosecutor has proved the elements of the offence.
2. I find NSW Bricklaying Pty Ltd guilty.
3. I will hear the prosecutor on sentence.Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – workers injured Legislation Cited: Interpretation Act 1987
Occupational Health and Safety Act 2000
Work Health and Safety Act 2011
Work Health and Safety Regulation 2013Cases Cited: Baiada Poultry Pty Ltd v R (2012) 246 CLR 92
Bulga Underground Operations v Nash [2016] NSWCCA 37
Carrington Slipways Pty Ltd v Callaghan (1985) 11 IR 467
Director of Public Prosecutions v JCS Fabrications Pty Ltd and JMAL Group Pty Ltd [2019] VSCA 50
Director of Public Prosecutions v Vibro-Pile (Aust) Pty Ltd [2016] VSCA 55 [3]-[6].
Dunlop Rubber Australia Ltd v Buckley (1952) 87 CLR 313
Genner Constructions Pty Ltd v WorkCover Authority of New South Wales [2001] NSWIRComm 267
Inspector Ching v Bros Bins Systems Pty Ltd [2004] NSWIRComm 197
Kirk v Industrial Court of New South Wales (2010) 239 CLR 531
Laing O’Rourke (BMC) Pty Ltd v Kirwin [2011] WASCA 117
R v Board of Trustees of the Science Museum [1993] 1 WLR 1171
R v Commercial Industrial Construction Group Pty Ltd (2006) 14 VR 321
R v Nelson Group Services (Maintenance) Ltd [1998] 4 All ER 332
Royall v The Queen (1991) 172 CLR 378
S Kidman & Co Ltd v Dr John Lowndes CM and Director of Public Prosecutions (NT) [2016] NTCA 5
SafeWork New South Wales v Rawson Homes Pty Ltd [2016] NSWDC 237
SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 491
Simpson Design and Associates Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 316
Slivak v Lurgi (Aust) Pty Ltd (2001) 205 CLR 304
Smith v Broken Hill Pty Ltd (1957) 97 CLR 337
Tangerine Confectionery Ltd and Veolia ES (UK) Ltd v R [2011] EWCA Crim 2015
Thiess Pty Ltd v Industrial Court of New South Wales (2010) 78 NSWLR 94
WorkCover Authority of New South Wales v Kellogg (Aust) Pty Ltd [1999] NSWIRComm 453
WorkCover Authority of New South Wales v Kirk Group Holdings Pty Ltd (2004) 135 IR 166
WorkCover Authority of NSW v Atco Controls Pty Ltd (1998) 82 IR 80Category: Principal judgment Parties: Department of Customer Service (Prosecutor)
NSW Bricklaying Pty Ltd (Defendant)Representation: Counsel: J Paingakulam (Prosecutor)
Solicitor: Department of Customer Service (Prosecutor)
File Number(s): 2019/243425 Publication restriction: None
Judgment
Introduction
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NSW Bricklaying Pty Ltd (the defendant) has pleaded not guilty to a charge that as a person who had a health and safety duty under section 19(2) Work Health and Safety Act
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- Case
- [2020] NSWDC 160
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. I am satisfied beyond reasonable doubt that the prosecutor has proved the elements of the offence.
2. I find NSW Bricklaying Pty Ltd guilty.
3. I will hear the prosecutor on sentence.
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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