SafeWork NSW v Pacific Tissue Pty Ltd - [2025] NSWIC 13

Industrial Court

New South Wales

Medium Neutral Citation: SafeWork NSW v Pacific Tissue Pty Ltd [2025] NSWIC 13
Hearing dates: 11 September 2025
Date of orders: 19 September 2025
Decision date: 19 September 2025
Before: Paingakulam J
Decision:
(1) I convict Pacific Tissue Pty Ltd of the offence as charged.
(2) I impose a fine of $150,000.
(3) Pacific Tissue Pty Ltd is to pay the prosecutor’s costs of the proceedings in the agreed sum of $35,000.
(4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.

Catchwords:
CRIMINAL LAW — work health and safety — offences — category 2 — worker’s hand crushed by machinery — safety mechanisms designed to protect workers bypassed to achieve productivity gains — worker not provided with copies of safety documents — no verification undertaken to ensure worker understood manual — no risk assessment undertaken — guilty plea — upper mid-range of objective seriousness
SENTENCING — relevant factors on sentence — objective seriousness — aggravating factors — mitigating factors — deterrence — specific deterrence necessary despite the fact that the pleaded risk giving rise to the offence has been eliminated — appropriate penalty

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW)
Fines Act 1996 (NSW)
Work Health and Safety Act 2011 (NSW)
Work Health and Safety Regulation 2017 (NSW)

Cases Cited:
Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67
BW v The Queen [2011] NSWCCA 176
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; [2000] NSWIRComm 71
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96
R v Borkowski [2009] NSWCCA 102
R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
R v Wilkinson (No 5) [2009] NSWSC 432
R v Youkhana [2004] NSWCCA 412
SafeWork NSW v Hibernian Contracting Pty Ltd [2025] NSWIC 4
Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: SafeWork NSW (Prosecutor)
Pacific Tissue Pty Ltd (Offender)
Representation:
Counsel:
M Scott (Prosecutor)
E Aitken (Offender)
Solicitors:
SafeWork NSW (Prosecutor)
Holman Webb Lawyers (Offender)

File Number(s): 2025/89126
Publication restriction: Nil

JUDGMENT

Pacific Tissue Pty Ltd (Pacific Tissue) manufactures paper products including hand towels and toilet paper at a premises located in St Peters, New South Wales (the premises). In early 2023, it did so using an Ultra-Grande Compact Machine (Ultra-Grande) which carried out multiple processes, including unwinding, embossing, perforating, rewinding, tail sealing, cutting and packaging. On 8 March 2023, Ms Nixja Viscalya was undertaking work on the Ultra-Grande’s Rewinder…

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.

Keep reading for free

Create a free CaseChat account to read SafeWork NSW v Pacific Tissue Pty Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2025] NSWIC 13
Decision Date: 19 September 2025

CaseChat Overview and Summary

SafeWork NSW took Pacific Tissue Pty Ltd to court over a serious incident where a worker's hand was crushed by machinery. The dispute centred on whether the company had contravened work health and safety laws by bypassing safety mechanisms intended to protect workers, thereby increasing productivity. The company had also failed to provide the worker with copies of safety documents, had not verified that the worker understood the safety manual, and had not conducted a risk assessment. The case was heard in a relevant court, and the company entered a guilty plea.

The court had to decide on the appropriate penalty for the offence, considering the objective seriousness, aggravating and mitigating factors, as well as the need for deterrence. The court found that the objective seriousness of the offence fell in the upper mid-range, primarily due to the severity of the injury sustained by the worker. Aggravating factors included the deliberate bypassing of safety mechanisms, the failure to provide safety documents, and the absence of a risk assessment. Despite the company having eliminated the risk that led to the offence, the court deemed specific deterrence necessary.

The court imposed a fine of $150,000 on Pacific Tissue Pty Ltd, which was in the upper mid-range of penalties for such offences. Additionally, the company was ordered to pay the prosecutor's costs of $35,000 and, under the Fines Act 1996 (NSW), 50% of the fine was to be paid to the prosecutor. The court's decision highlighted the importance of adhering to work health and safety laws and the consequences of failing to do so, particularly in cases where worker safety is compromised for the sake of productivity.

Orders

Orders of the court

(1) I convict Pacific Tissue Pty Ltd of the offence as charged.

(2) I impose a fine of $150,000.

(3) Pacific Tissue Pty Ltd is to pay the prosecutor’s costs of the proceedings in the agreed sum of $35,000.

(4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.

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

Full text does not contain this section.

Medium Neutral Citation:	SafeWork NSW v Pacific Tissue Pty Ltd [2025] NSWIC 13
Hearing dates:	11 September 2025
Date of orders:	19 September 2025
Decision date:	19 September 2025
Before:	Paingakulam J
Decision:	(1) I convict Pacific Tissue Pty Ltd of the offence as charged. (2) I impose a fine of $150,000. (3) Pacific Tissue Pty Ltd is to pay the prosecutor’s costs of the proceedings in the agreed sum of $35,000. (4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.
Catchwords:	CRIMINAL LAW — work health and safety — offences — category 2 — worker’s hand crushed by machinery — safety mechanisms designed to protect workers bypassed to achieve productivity gains — worker not provided with copies of safety documents — no verification undertaken to ensure worker understood manual — no risk assessment undertaken — guilty plea — upper mid-range of objective seriousness SENTENCING — relevant factors on sentence — objective seriousness — aggravating factors — mitigating factors — deterrence — specific deterrence necessary despite the fact that the pleaded risk giving rise to the offence has been eliminated — appropriate penalty
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation 2017 (NSW)
Cases Cited:	Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67 BW v The Queen [2011] NSWCCA 176 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; [2000] NSWIRComm 71 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 R v Borkowski [2009] NSWCCA 102 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Wilkinson (No 5) [2009] NSWSC 432 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Hibernian Contracting Pty Ltd [2025] NSWIC 4 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Category:	Sentence
Parties:	SafeWork NSW (Prosecutor) Pacific Tissue Pty Ltd (Offender)
Representation:	Counsel: M Scott (Prosecutor) E Aitken (Offender) Solicitors: SafeWork NSW (Prosecutor) Holman Webb Lawyers (Offender)
File Number(s):	2025/89126
Publication restriction:	Nil