SafeWork NSW v Scharfe

SafeWork NSW prosecuted Scharfe in the Local Court on charges arising from a workplace incident where a worker was injured. The prosecution alleged that Scharfe had failed to comply with his statutory obligations under the Work Health and Safety Act 2011 by not taking reasonable steps to ensure the health and safety of his workers, which resulted in the worker's injury. The court had to determine whether Scharfe had breached his duty of care by not taking reasonable steps to prevent the risk of serious injury to the worker.

The primary legal issue before the court was whether the prosecution had proven beyond reasonable doubt that Scharfe had failed to take reasonable steps to ensure the safety of the worker. This involved examining the specific duties owed by Scharfe under the Act and assessing whether there was a sufficient causal link between Scharfe's actions and the worker's injury. The court also needed to consider whether Scharfe had any defences available to him, such as taking all reasonable steps to mitigate the risks.

The court found that the prosecution had not established all the elements of the offence beyond reasonable doubt. The evidence did not clearly demonstrate that Scharfe had failed to take reasonable steps to prevent the risk of injury. The court found that while there were some shortcomings in the safety measures in place, these were not enough to prove that Scharfe had breached his duty of care. As a result, the court acquitted Scharfe of the charges. The matter was adjourned for the making of final orders or to consider any potential application by the prosecutor to state questions to the Court of Criminal Appeal.