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New South Wales |
Case Name: | SafeWork NSW v SFS Management (Aust) Pty Ltd |
Medium Neutral Citation: | [2025] NSWIC 18 |
Hearing Date(s): | 3 September 2025 |
Date of Orders: | 31 October 2025 |
Decision Date: | 31 October 2025 |
Before: | Paingakulam J |
Decision: | In Industrial Court proceedings 2024/391261 (s 32 Summons), I make the following orders: |
Catchwords: | CRIMINAL LAW — work health and safety — offences — category 2 — fall from height — ice machine compressor fell through roof while workers were attempting to move it, injuring multiple workers — failure to ensure that the roof was structurally capable of supporting workers and compressor — guidance material readily available — Safe Work Method Statement did not refer to task of decommissioning and removing an item of plant — procedure adopted for lifting and moving compressor was informal and ad hoc — “one-off” failure, not systems failure — upper-mid range of objective seriousness |
Legislation Cited: | Crimes (Sentencing Procedure) Act 1999 (NSW) |
Cases Cited: |
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- Case
- [2025] NSWIC 18
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether SFS Management breached specific duties under the work health and safety legislation by not ensuring the roof could support the weight of the workers, the compressor, and any equipment, and by not requiring other duty holders to provide a Safe Work Method Statement or a safe work procedure. The court also needed to assess the level of moral culpability and whether the breaches were a "one-off" failure or indicative of a systemic issue within the company. The seriousness of the offences was evaluated based on the objective harm caused and the availability of guidance material that could have prevented the incident.
The court found that the breaches were serious but not systemic, placing the offences in the upper-mid range of objective seriousness. It determined that while the injuries were substantial, they did not warrant the upper end of the scale due to the absence of a systemic failure. The court also considered victim impact statements, which highlighted the severity of the injuries, but noted these statements did not increase the penalty beyond what was otherwise appropriate. The court imposed a fine of $480,000 for the more serious breach and a separate fine of $20,000 for the lesser breach. It also ordered that half of each fine be paid to the prosecutor.
Orders
Orders of the court
In Industrial Court proceedings 2024/391261 (s 32 Summons), I make the following orders:
(1) I impose a fine of $480,000.
(2) SFS Management (Aust) Pty Ltd is to pay the prosecutor’s costs of the proceedings as agreed or assessed.
(3) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.
In Industrial Court proceedings 2024/391282 (s 46 Summons), I make the following orders:
(1) I impose a fine of $20,000.
(2) SFS Management (Aust) Pty Ltd is to pay the prosecutor’s costs of the proceedings as agreed or assessed.
(3) 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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