WorkCover Authority of New South Wales (Inspector Robinson) v Milltech Pty Ltd [2001] NSWIRComm 192

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Robinson) v Milltech Pty Ltd [2001] NSWIRComm 192 PROSECUTOR WorkCover Authority of New South Wales (Inspector Robinson) PARTIES : DEFENDANT Milltech Pty Ltd FILE NUMBER: IRC 82 of 2000 CORAM: Marks J CATCHWORDS : Occupational Health and Safety Act prosecution - Sentence - Held s 51A does not apply to prior convictions for an offence which occurred after the offence for which the penalty is being considered - Held that prior conviction for an offence which post-dated the offence under consideration could be taken into account in assessing penalty - Consideration of s 6 of the Fines Act in connection with ability to pay a fine, penalty reduced accordingly. Occupational Health and Safety Act 1983 s15 s51A LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s19(1) Fines Act 1996 s3 s6 WorkCover Authority of NSW (Insp Campbell) v Nelmac Pty Ltd (2000) NSWIRComm 228 Capral Aluminium v WorkCover Authority of NSW (2000) 49 NSWLR 610 at 630 Veen v The Queen (No 2) (1988) 164CLR 465 at 477 CASES CITED : WorkCover Authority of NSW (Insp Piggott) v Capral Aluminium Ltd (1998) 83 IR 211 at 233 WorkCover Authority of NSW (Insp McMartin) v Milltech Pty Ltd (2000) NSW IRComm 246 Ferguson v Nelmac (1999) 92 IR 188 at 209 Sgroi (1989) 40 A Crim R 197 Rahme (1989) 43 A Crim R 81 HEARING DATES: 06/28/2001; 08/13/2001 DATE OF JUDGMENT: 08/28/2001