Hanna Nsaire has been convicted and fined $50,000 in the Industrial Court of New South Wales as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 2 September 2022 when a 200-kilogram sliding gate overran its supports and fell onto a woman and her three young children as they were walking along a road at Leichardt, NSW.
Mr Nsaire was the sole director of Star Professional All Metal Work Pty Ltd, the company that manufactured, supplied and installed the gate.
Mr Nsaire pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with his duty under section 27(1) of the Act to exercise due diligence and ensure that Star Professional All Metal Work Pty Ltd complied with its health and safety duty under the Act.
In related proceeding against 465 Leichhardt Pty Ltd, the Court imposed a fine of $180,000 in relation to an offence arising from the same incident.
Proceedings relating to this incident were also commenced against Star Professional All Metal Work Pty Ltd and were withdrawn following the business going into liquidation.
The full judgment against the defendant can be read on the NSW Caselaw website at SafeWork NSW v Nsaire - NSW Caselaw.
Mr Nsaire has the right to appeal against his sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives website.
SafeWork Commissioner Janet Schorer said:
“Duty holders must ensure that every structure they design, manufacture and install is safe and fit for purpose.
“This incident serves as a stark reminder that failing to meet safety obligations can have real and lasting consequences not just for duty holders, businesses and workers, but for communities and families.”
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