SafeWork NSW v ProjectCorp Australia Pty Limited

SafeWork NSW brought proceedings against ProjectCorp Australia Pty Limited for breaches of work health and safety legislation, alleging that the company failed to ensure the safety of its workers, resulting in significant injury. The matter was heard in the Local Court of New South Wales. The key issue before the court was the determination of an appropriate penalty for the company's failure to meet its duty under the relevant legislation, specifically in relation to the risk of death or serious injury. The court also had to consider sentencing principles, including parity, the totality of the circumstances, and the company's remorse and contrition.

The court found that ProjectCorp Australia Pty Limited had breached its duty by failing to supervise its employees adequately, which led to an employee operating machinery in an unsafe manner, resulting in injury. The court considered several factors in determining the penalty, including the objective seriousness of the offence, the plea of guilty, the need for general and specific deterrence, and the principle of parity. The company's lack of remorse and contrition were also taken into account. Ultimately, the court decided that a substantial fine was necessary to uphold the deterrent effect of the legislation and to ensure that the company would take its health and safety responsibilities seriously in the future.

The court imposed a fine of $90,000, with 50% of the fine to be paid to the prosecutor. Additionally, the offender was ordered to pay the prosecutor's costs in the sum of $15,000. The court emphasised the importance of clear prohibitions on operating machinery in an unsafe manner and the need for supervision to prevent such unsafe practices. The court's decision underscores the significance of enforcing work health and safety regulations to protect workers and promote safer workplaces.