Australia, April 14 -- New South Wales Land and Environment Court issued text of the following judgement on March 17:

1. Pendle Ham & Bacon Pty Ltd (the General Partner) has pleaded not guilty to the following Category 1 offences:

a) that as a person with a health and safety duty under s 19(1) Work Health and Safety Act 2011 (the Act), it without reasonable excuse engaged in conduct that exposed Vinoth Shanmugalingam, Thavasthasan Ponnuthurai and Sedhurajan Velusamy (the workers) to a risk of death or serious injury and it engaged in the conduct with gross negligence or was reckless to the risk to an individual of death or serious injury, contrary to s 31 of the Act; and

b) that as a person with a health and safety duty under s 20 of the Act, it without reasonable excuse engaged in conduct that exposed the workers to a risk of death or serious injury and it engaged in the conduct with gross negligence or was reckless to the risk to an individual of death or serious injury, contrary to s 31 of the Act.

2. The General Partner has pleaded guilty to the following Category 2 offences, which were pleaded in the alternative to the Category 1 offences:

a) that as a person with a health and safety duty under s 19(1) of the Act that it failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury, contrary to s 32 of the Act; and

b) that as a person with a health and safety duty under s 20 of the Act that it failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury, contrary to s 32 of the Act.

3. Pendle Bacon & Ham Curers Pty Ltd (the Limited Partner) has pleaded not guilty to the following offences of which the Category 2 offences are pleaded in the alternative to the Category 1 offences:

a) that as a person with a health and safety duty under s 19(1) of the Act, it without reasonable excuse engaged in conduct that exposed the workers to a risk of death or serious injury and it engaged in the conduct with gross negligence or was reckless to the risk to an individual of death or serious injury, contrary to s 31 of the Act (Category 1); and

b) that as a person with a health and safety duty under s 20 of the Act, it without reasonable excuse engaged in conduct that exposed the workers to a risk of death or serious injury and it engaged in the conduct with gross negligence or was reckless to the risk to an individual of death or serious injury, contrary to s 31 of the Act (Category 1); and

c) that as a person with a health and safety duty under s 19(1) of the Act that it that it failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury, contrary to s 32 of the Act (Category 2) and

d) that as a person with a health and safety duty under s 20 of the Act that it failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury, contrary to s 32 of the Act (Category 2)

4. PHBC LH Pty Ltd (the Labour Hire Company) has pleaded not guilty to a Category 1 offence that as a person with a health and safety duty under s 19(1) of the Act, it without reasonable excuse engaged in conduct that exposed the workers to a risk of death or serious injury and it engaged in the conduct with gross negligence or was reckless to the risk to an individual of death or serious injury, contrary to s 31 of the Act.

5. The Labour Hire Company has pleaded guilty to a Category 2 offence that was pleaded in the alternative to the Category 1 offence, that as a person with a health and safety duty under s 19(1) of the Act that it failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury, contrary to s 32 of the Act.

6. Michael Zammit has pleaded not guilty to a Category 2 offence that as a worker with a health and safety duty under s 28(b) of the Act that he failed to comply with that duty and thereby exposed the workers to a risk of death or serious injury contrary to s 32 of the Act.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195a21d6d372abf0ecb3ddd9)

Disclaimer: Curated by HT Syndication.