His Honour, Judge Scotting determined a breach of Sections 19 and 32 of the WHS Act 2011 were committed issuing WGA Pty Ltd a $1M penalty and $50.4K prosecution fine. This is the highest fine imposed ever in NSW under the Work Health and Safety Act, to date.
- S19 – Relates to a breach of a PCBU’s Primary Duty of Care.
- S32 – Relates to a Category 2 Breach – PCBU’s failure to comply with their health and safety duty.
In this case, the injured 49-year-old man was a subcontractor, WGA Pty Ltd the Principal Contractor. Link to Ministerial Media Release set out below:
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