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Court result:  The defendant company held duties under s20(2) of the Work Health and Safety Act 2011(‘WHS Act’) and was charged with an offence pursuant to s32

Magistrate Springer fined the defendant $110,000 and ordered professional and court costs totalling $1,097.95.
A conviction was recorded.

The risk was clearly foreseeable, with falls from height being well-known.

There were simple, reasonably practicable steps the defendant could have taken, including fencing the trench.

The defendant responded promptly by making the site safe, but this was only after the incident.

There was nothing to suggest a complaint was made by a subcontractor.

The defendant company held duties under s20(2) of the Work Health and Safety Act 2011(‘WHS Act’) and was charged with an offence pursuant to s32