When the High Court released its decision in Stumpmaster v
WorkSafe1 last year, it not only set new guideline
bands for fines, but also commented on the level of discounts given
for mitigating factors. This article considers the effect this
comment has had on recent fines.
We also review the recent High Court decision on reparation
awards in Oceana Gold v WorkSafe.2
Stumpmaster v WorkSafe
In Stumpmaster, the High Court decided to review the
level of discounts routinely being given for reparation already
paid, remorse, co-operation, and a previous good record. Decisions
released under the Health and Safety at Work Act 2015 have
discounts for mitigating factors mostly either 25 or 30 per cent,
and occasionally higher. The Court decided that:
