Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. Mill HR Pty Ltd (Mill HR) has pleaded guilty to the following offence:

"That as a person who had a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (the WHS Act), it failed to comply with that duty and thereby exposed workers, in particular Hanna Gerges (Mr Gerges), to a risk of serious injury contrary to s 32 of the WHS Act."

2. Duralina Pty Ltd (Duralina) has pleaded guilty to the following offence:

"That as a person who had a health and safety duty under s 21(2) of the WHS Act, it failed to comply with that duty and thereby exposed workers, in particular Mr Gerges to a risk of serious injury contrary to s 32 of the WHS Act."

3. The duty Mill HR breached concerned a general duty to ensure, so far as is reasonably practicable, the health and safety workers: s 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act). The duty Duralina breached concerned a duty to ensure, so far as is reasonably practicable, the plant, namely the digital milling machine with two sets of double rollers (fine mill roller), was without risks to the health and safety of any person: s 21(2) WHS Act.

4. The maximum penalty for a s 32 WHS Act offence at the relevant time for a body corporate is $1,782,579 (rounded).

5. The plea of guilty entered by Duralina reflects an acknowledgement that at all material times the defendant's business or undertaking involved the operation of a drum mill which produces semolina and flour.

6. The plea of guilty entered by Mill HR reflects an acknowledgement that at all material times the defendant's business or undertaking involved providing labour to Duralina.

7. The pleas encompass an admission by both defendants that there was a risk that workers, including Hanna Gerges (Mr Gerges), would suffer a serious crush injury as a result of coming into contact with the moving components and/or parts of the fine mill roller at the durum mill.

8. The prosecutor tendered the Prosecution Sentence Tender Bundle (PSTB) which became exhibit A. The defendants tendered an affidavit of Hamish Shaw affirmed 11 April 2025 which became exhibit 1 and an affidavit of Rohan Dunsdon affirmed 27 March 2025 which became exhibit 2.

Background

9. At all material times, Mill HR was a registered corporation, with its registered address at Level 9, 123 Albert Street in Brisbane City, Queensland, from which it operated as a person conducting a business or undertaking (PCBU) involving the provision of labour only to Duralina.

10. At all material times, Duralina was a registered corporation, with its registered address at Level 9, 123 Albert Street in Brisbane City, Queensland, from which It operated as a PCBU involving the operation of a durum mill that manufactures semolina and flour. The durum mill is located at Lot 41, Bowler Lane, Westdale, New South Wales (the site).

11. At all material times, Duralina was the entity that operated the durum mill located at the site and carried out all sales, product invoicing, repairs and maintenance to plant and equipment.

12. At all material times, Michelle Shaw was the sole director of Mill HR and Duralina.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f6d6b908e5c83d48ab7bb)

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