NSW Industrial Court Issues First WHS Sentence Since Reinstatement
The first NSW WHS sentence from the reinstated Industrial Court resulted in a $180,000 fine for Hibernian Contracting Pty Ltd after a serious workplace explosion.
In August 2022, Camden Council hired Hibernian to redevelop a depot, including dismantling a workshop above a concrete pit. During the works, a Council supervisor asked Hibernian to help remove tanks from the pit. One tank—used for waste oil—had not been emptied.
Despite this, a Hibernian worker used a grinder to cut a pipe connected to the tank. Sparks ignited the flammable contents, causing a 10-metre-high fireball. The worker sustained serious burns and required an induced coma before being airlifted to hospital.
Hibernian accepted responsibility and pleaded guilty to breaching sections 19 and 32 of the NSW Work Health and Safety Act 2011. It admitted it had not completed a risk assessment, created a safe work method, or ensured proper supervision.
However, the company argued that the work fell outside its contractual scope. Justice Jane Paingakulam disagreed. She stated:
“Given that context, Hibernian should have ensured that appropriate systems were in place when it came to the removal of the waste oil tank.”
She also noted the company had received clear warnings about the tank’s condition.
The Court set a base fine of $240,000 and applied a 25% discount due to the early guilty plea.
This case reinforces a key WHS principle: duty of care does not end at contractual boundaries. Where risks are foreseeable, action is required.
For details, read the full judgment: SafeWork NSW v Hibernian Contracting Pty Ltd [2025] NSWIC 4
Related: NSW Industrial Court Reinstatement Overview
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