Patton v Fletcher Construction Australia Limited (No 2) [2003] NSWIRComm 94

Industrial Relations Commission of New South Wales

CITATION : Patton v Fletcher Construction Australia Limited (No 2) [2003] NSWIRComm 94 APPELLANT Inspector John Patton PARTIES : RESPONDENT Fletcher Construction Australia Limited FILE NUMBER: IRC 5014 of 2001 CORAM: Wright J President; Walton J Vice-President; Schmidt J Appeal - Occupational Health and Safety - Respondent found guilty of two offences in appeal proceedings under s 197A of the Industrial Relations Act 1996 - Matter stood over for hearing as to penalty and costs - Totality - Double jeopardy - Deterrence - Respondent sold its business in construction industry -Specific deterrence - Fine imposed - Certificate under Suitors Fund Act 1951 - Costs. CATCHWORDS : Occupational Health and Safety - Appeal - Respondent found guilty of two offences in appeal proceedings under s 197A of the Industrial Relations Act 1996 - Matter stood over for hearing as to penalty and costs - Totality - Double jeopardy - Deterrence - Respondent sold its business in construction industry - Specific deterrence - Fine imposed - Certificate under Suitors Fund Act 1951 - Costs. Industrial Relations Act 1996 s 197A LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15 s 16 s 47 Suitors Fund Act 1951 Batty v Graincorp Limited [2002] NSWIRComm 49 Crown in the right of the State of New South Wales (Department of Education and Training) v Keenan (2001) 105 IR 181 CASES CITED : Vierow v Ridge Consolidated Pty Limited (No 3) [2002] NSWIRComm 345 WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Construction Australia Limited [2002] NSWIRComm 316 WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) v Allen Taylor & Co Limited (1999) 92 IR 392 HEARING DATES: 03/31/2003 EXTEMPORE JUDGMENT DATE : 03/31/2003