Workcover Authority of New South Wales (Inspector Ankucic) v Crown in the Right of the State of New South Wales (Department of Education and Training) [2001] NSWIRComm 313

Industrial Relations Commission of New South Wales in Court Session

CITATION : Workcover Authority of New South Wales (Inspector Ankucic) v Crown in the Right of the State of New South Wales (Department of Education and Training) [2001] NSWIRComm 313 PROSECUTOR: Workcover Authority of New South Wales (Inspector Ankucic) PARTIES : DEFENDANT: Crown in the Right of the State of New South Wales (Department of Education and Training) FILE NUMBER: IRC 1937 of 1999 CORAM: Walton J Vice-President CATCHWORDS : Occupational health and safety - Prosecution under s16(1) of the Occupational Health and Safety Act - Plea of guilty - Verdict entered - Accident in Industrial Arts classroom at High School - Student injured using circular saw in classroom - Saw unguarded - Unguarded machinery constituted pernicious and infamous risk to safety - Nature of risk and seriousness of relevant detriment to safety reflected in serious injuries - Evidence did not establish that guard had not been in place for substantial period - Risk of removal of guard not actually foreseen - A limited safety system in place - System of instruction and supervision of students inadequate - Inadequate training and instruction in use of machine - Risk of serious injury readily foreseeable - Inadequate training of teachers - Simple and straight forward remedial steps available - Guard not adequate in any event - Scope of the particulars of the charge - Special need for vigilance when young people using machinery - Need for general and specific deterrence - Serious offence - Subjective factors - Whether appropriate to consider prior convictions by other departments of the Crown - Penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 s16(1) Occupational Health and Safety Act 2000 s121 Capral Aluminium Ltd v WorkCover Authority of NSW (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Crown in Right of New South Wales (Department of Education and Training) v Keenan (2001) 105 IR 181 Department of Mineral Resources (Chief Inspector Terry) v A M Hoipo & Sons Pty Ltd (1999) 99 IR 137 Department of Mineral Resources (NSW) (Chief Inspector McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of NSW (Inspector Ch'Ng) (1999) 90 IR 432 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Fletcher Constructions Australia Ltd v WorkCover Authority of NSW (Inspector Fisher) (1999) 91 IR 66 Haynes v C I & D Manufacturing Pty Ltd (1995) 60 IR 149 Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 464 R v Olbrich (1999) 199 CLR 270 CASES CITED : R v Thomson, R v Houlton (2000) 49 NSWLR 383 State Rail Authority (NSW) v WorkCover Authority of NSW (Inspector Dubois) (2000) 102 IR 218 Tuckley v Crown in Right of New South Wales (Department of Community Services) (1999) 96 IR 1 Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of NSW (Inspector Keenan) v Crown in Right of New South Wales (Department of Education and Training) (unreported, Schmidt J, Matter No IRC 598 and 601 of 1998, 6 December 1999) WorkCover Authority of NSW (Inspector Ankucic) v McDonalds (Aust) Pty Ltd (1999) 95 IR 383 WorkCover Authority of NSW (Inspector Sheppard) v State Rail Authority (NSW) NSWIRComm 179 WorkCover Authority of NSW v Waugh (1995) 59 IR 89