Workplace Health & safety

From this scenario consider the possible criminal liability under the Work Health and Safety Act 2011 (NSW) of:

(a) Colesworth Pty Ltd (10 marks)

(b) Harvest Bakeries Pty Ltd (5 marks)

(c) Julie Raworth (5 marks)

(d) Max Raworth (5 marks)

(e) Frank Thomson (5 marks)


(f) The local council (5 marks)

(g) The council workers (5 marks)

(For each person or company, list the possible offences, the necessary elements for each offence and discuss in general terms the chances or otherwise of its success.)

Note that this question does not ask you to consider possible tort actions, or actions based on legislation other than the 2011 Act. In particular you do not need to consider separate liability under the WHS Regulation 2011. Note also that, as para 8.19 of the text explains, a company has a separate legal identity to the people who are directors or shareholders of a company. The director of a company is not the employer of someone who is employed by a company, nor is a fellow-employee who is a supervisor an employer.

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