NSW Resources Regulator, Department of Regional NSW v Young Mining Company Pty Ltd [2026] NSWDC 359 — Prosecution & Objective Seriousness — Barrister AI
NSW Resources Regulator, Department of Regional NSW v Young Mining Company Pty Ltd
CRIMINAL LAW — prosecution — work health and safety — duty of persons undertaking business — duty of employers — risk of death or serious injury — injury to worker — category 1 offence — category 2 offence for officer — s 155(5) offence
SENTENCING — objective seriousness — deterrence — aggravating factors — mitigating factors — capacity to pay a fine — appropriate penalty
Quick Take
1A PCBU's possession of a documented safety management system that identifies risks and control measures, but which is not implemented, audited or funded, demonstrates actual knowledge of risk and supports a finding of gross negligence for a category 1 WHS offence, particularly where expenditure on production was prioritised over safety.
2An officer's due diligence obligation under s 27 of the WHS Act requires active steps to ensure safety systems are implemented and funded; authorising safety documents without ensuring their implementation, and failing to inspect plant and records to inform oneself of risks, constitutes a failure of due diligence even where the officer attends the workplace regularly.
3Where a s 155(5) non-compliance offence is established only partially (19 of 53 questions), the investigation was not hampered, and the regulator's conduct in issuing multiple concurrent notices bordered on abuse of process, the objective gravity is relatively low and may warrant no further penalty under s 10A where the offender is also sentenced for the substantive WHS offence.
