WorkCover Authority of New South Wales (Inspector Batty) v Demolition Environmental Civil Contractors Pty Ltd

Demolition Environmental Civil Contractors Pty Ltd was prosecuted by the WorkCover Authority of New South Wales, represented by Inspector Batty, for an incident in which a worker fell from a bridge into a river during the demolition of the bridge, sustaining a knee injury. The matter was heard in the Local Court of New South Wales. The defendant pleaded guilty to a contravention of section 8(2) of the Occupational Health and Safety Act 2000, which imposes a duty on employers to ensure that non-employees are not exposed to risks to their health or safety. The legal issues centred on whether the defendant had a system of safe work in place, the foreseeability of the risk and consequences, the availability of measures to avoid the risk, and the defendant's failure to enforce the wearing of harnesses despite providing personal protective equipment.

The court considered the defendant's system of safe work, including the retention of an independent project manager and the induction of workers with safe work method statements. However, the court found that the defendant failed to enforce the wearing of harnesses, which was a critical safety measure. The court noted the availability of measures to avoid the risk, such as harnesses, and the defendant's failure to enforce their use. The court also considered the defendant's cooperation with the regulatory authority and the absence of prior offences. The court found the offence proven, considering the specific and general deterrence and the defendant's cooperation with the regulatory authority.

The court imposed a fine of $30,000, with a moiety to the prosecutor, and ordered the defendant to pay the prosecutor's costs of $25,000 by five monthly instalments of $5,000 each, starting on 17 August 2015 and ending on 21 December 2015. The defendant was convicted accordingly, and the court's decision emphasised the importance of enforcing safety measures to prevent incidents and injuries.