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New South Wales |
Case Name: | SafeWork NSW v Profect Construction Pty Ltd |
Medium Neutral Citation: | [2025] NSWIC 19 |
Hearing Date(s): | 14 October 2025 |
Date of Orders: | 4 November 2025 |
Decision Date: | 4 November 2025 |
Before: | Bellew AJ |
Decision: | (1) I convict Profect Construction Pty Ltd of the offence as charged. |
Catchwords: | CRIMINAL LAW — work health and safety — offences — category 2 – where crane on work site came into contact with overhead power lines causing cabin of the vehicle to be scorched – no person injured – obvious risk of injury – where a series of steps could have been easily and inexpensively implemented to address the risk – some steps taken to address the risk which were insufficient to properly do so – serious offending – strong subjective case – early plea of guilty - defendant a small family company – unchallenged evidence of parlous financial state establishing a reduced capacity to pay a fine – substantial moderation of fine justified balanced against the need for any penalty to reflect general deterrence |
Legislation Cited: | Crimes (Sentencing Procedure) Act 1999 (NSW) |
Cases Cited: | DH v R [2022] NSWCCA 200 |
Category: | Sentence |
Parties: | SafeWork NSW (Prosecutor) |
Representation: | Counsel: |
File Number(s): | 2025/00050086 |
Publication Restriction: | Nil |
JUDGMENT
INTRODUCTION
By an amended summons filed on 14 July 2025 Profect Construction Pty Ltd (the defendant) was charged with an offence contrary to ss 19(1) and 32 of the Work Health and Safety Act 2011 (NSW) (the WHS Act) in the following terms:
“On 9 February 2023 at 156 Park Road Dundas in New South Wales [the defendant], being a person conducting a business or undertaking who had a health and safety duty under [the Act] to ensure so far as is reasonably practicable the health and safety of workers while the workers are at work in the business or undertaking, failed to comply with its duty, and the failure to comply with that duty exposed Peter Psaradellis, a worker, to a risk of death or serious injury”.
The pleaded risk was particularised as follows:
“The risk was the risk to Peter…
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- Case
- [2025] NSWIC 19
- Decision Date
CaseChat Overview and Summary
The court deliberated on the severity of the offence and the steps taken by the defendant to mitigate the risks. Although some measures had been implemented, they were insufficient to fully address the risk of injury. The court also considered the defendant's early plea of guilty and its financial situation, which was in a parlous state. The court found the case to be a strong subjective one, given the evident risk and the inadequate measures taken to prevent the incident. Despite the defendant's financial difficulties, the court balanced the need for general deterrence with the company's capacity to pay. The court concluded that a moderate fine was justified, reflecting both the seriousness of the offence and the defendant's limited ability to pay.
Following the court's reasoning, the court convicted Profect Construction Pty Ltd of the offence. It imposed a fine of $45,000.00, taking into account the early plea of guilty and the defendant's financial hardship. The court also ordered that 50% of the fine be paid to the Prosecutor, as per the relevant provisions of the Fines Act 1996 (NSW). Furthermore, Profect Construction Pty Ltd was required to cover the Prosecutor's costs of the proceedings as agreed or assessed.
Orders
Orders of the court
(1) I convict Profect Construction Pty Ltd of the offence as charged.
(2) I impose a fine of $45,000.00.
(3) Profect Construction Pty Ltd is to pay the Prosecutor’s costs of the proceedings as agreed or assessed.
(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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