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
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
Category: Sentence Parties: SafeWork NSW (Prosecutor)
Pacific Tissue Pty Ltd (Offender)Representation: Counsel:
Solicitors:
M Scott (Prosecutor)
E Aitken (Offender)
SafeWork NSW (Prosecutor)
Holman Webb Lawyers (Offender)
File Number(s): 2025/89126 Publication restriction: Nil
JUDGMENT
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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…
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- Case
- [2025] NSWIC 13
- Decision Date
CaseChat Overview and Summary
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
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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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