Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. By way of Amended Summons, Aria Carpentry & Construction Pty Ltd (Aria) was charged with an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (WHS Act), being a person conducting a business or undertaking who had a health and safety duty under s 19(1) of the WHS Act to ensure so far as is reasonably practicable, the health and safety of workers while the workers are at work in the business or undertaking, did fail to comply with that duty and the failure to comply with that duty exposed workers, in particular Milan Timotic (Mr Timotic) and Robert Daniel (Mr Daniel), to a risk of death or serious injury.

2. The prosecutor tendered a Prosecution Sentence Tender Bundle (PSTB) which became exhibit A, and an affidavit of Natalie Martin affirmed 6 May 2025 which became exhibit B. Aria tendered an affidavit of Charbel Rahme (Mr Rahme) dated 6 June 2025 which became exhibit 1, and a supplementary affidavit of Mr Rahme sworn 10 June 2025 which became exhibit 2. Mr Rahme is the Managing Director of Aria.

3. Affidavits tendered on behalf of Aria includes paragraphs that were not read, to which I have had no regard. There were issues between the parties as to the late service of material, and I commend counsel for their very professional and co-operative approach to this situation, which allowed the sentencing hearing to proceed.

Background

4. Aria was a registered corporation conducting a business or undertaking of building and carpentry services including house renovations, extensions, residential construction, house framing, decking and cladding, at Unit 6, 4 Violet Street, Revesby in New South Wales.

5. Aria was engaged by principal contractor Delta Construction Group Pty Ltd (ACN 157 815 426) (Delta) on 11 March 2022 to conduct carpentry roof framing and decorative feature works at a residential construction project at 23 Allan Avenue, Belmore NSW (the site). Lloyds Building and Development Pty Ltd (ACN 163 935 699) (Lloyds) was the development manager acting on behalf of the owner of the site.

6. At all material times, the site was a workplace for the purposes of s 8 of the WHS Act.

7. Delta engaged Ultra Scaff & Form Group Pty Ltd (Ultra) to install scaffolding at the site. The licensed scaffolder engaged by Ultra to work on the site verified that the scaffold was safe for non-scaffolders to access and work from it. Delta understood that the scaffolding had been approved for use and agreed for Aria to commence its works on 28 March 2022, despite no handover certificates being provided by Ultra.

8. Between 5 February 2022 and 31 March 2022, the scaffold was not inspected by a licensed scaffolder at any time. Aria had not commenced work at the site until 28 March 2022.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19886de1f326adcba9444bb9)

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