Aug 26, 2026

9 min

SafeWork NSW v ANJ Container Services & Bond Stores Pty Ltd (No. 2) [2026] NSWDC 307

SafeWork NSW v ANJ Container Services & Bond Stores Pty Ltd (No. 2) [2026] NSWDC 307. Following conviction, the Court sentenced ANJ for exposing Darren Spinks to a risk of death or serious injury under the Work Health and Safety Act 2011, after he was fatally struck by a reversing reach stacker. The key issue was the seriousness of ANJ’s breach, including whether a worker’s momentary driving error reduced the company’s responsibility for systemic safety failures. The Court found high culpability and fined ANJ $800,000, with half payable to SafeWork. ANJ generally had to pay the prosecutor’s costs, but SafeWork had to pay costs caused by its subpoena non-compliance.

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