SafeWork NSW v PRW Services Pty Ltd; SafeWork NSW v Peter Whalan

SafeWork NSW brought separate proceedings against PRW Services Pty Ltd and its director, Peter Whalan, following an incident in which a worker fell through a roof at a worksite. The worker was not properly secured, resulting in a fall from height. The proceedings were heard in the Local Court of New South Wales. The legal issues before the court involved the duty of care owed by a corporation and its officer under work health and safety laws, the appropriate penalty for breaches of those laws, and the costs associated with the prosecution. The court considered the objective seriousness of the breach, the culpability of the parties, and the mitigating and aggravating factors, including the early pleas of guilty. It found that PRW Services Pty Ltd was liable for failing to ensure the worker's safety and that Peter Whalan, as an officer, shared this responsibility. The court imposed a fine on PRW Services Pty Ltd, reducing it by 25% for the early plea, and ordered that 50% of the fine be paid to the prosecutor. It also ordered PRW Services Pty Ltd to pay the prosecutor's costs. Similarly, Peter Whalan was fined, reduced by 25% for his early plea, and ordered to pay the prosecutor's costs, with 50% of the fine going to the prosecutor. The exhibits were returned to the defendants.