WorkCover Authority of NSW (Insp McMartin) v Milltech Pty Limited [2000] NSWIRComm 246

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Insp McMartin) v Milltech Pty Limited [2000] NSWIRComm 246 PROSECUTOR: PARTIES : WorkCover Authority of NSW (Insp McMartin) DEFENDANT: Milltech Pty Limited FILE NUMBER: IRC6191 of 1999 CORAM: Kavanagh J CATCHWORDS : Prosecution under s15 - plea of guilty - gravity of an offence with element of foreseeability - consideration as to early plea when general issue as to validity of summons raised and litigated - leave to reserve question as to validity of summons - plea of guilty accepted as early plea in the circumstances therefore application of Supreme Court guidelines for discount for early plea - small business held to be not an individual trader but question as to "oppressive" level of penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 Industrial Relations Act 1996 Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Insp James Swee Ch'ng) (1999) 90 IR 464 Haynes v James Glass & Aluminium Pty Ltd (unreported, Fisher CJ, CT91/772-775, 20 May 1994) Department of Mineral Resources of NSW (Chief Insp B R McKensey) v Kembla Coal and Coke Pty Ltd (unreported, Walton J, Vice President, IRC142 of 1998, 16 August 1999 CASES CITED : WorkCover Authority of NSW (Insp Callaghan) v Saunders Constructions Pty Ltd (unreported, Maidment J, CT93/1062, 26 November 1993) Mauger v Krcmar Engineering Pty Ltd 47 IR 359 John Fisher v Samaras Industries Pty Ltd (unreported, Hungerford J, CT95/1230, 21 March 1996) Department of Mineral Resources of NSW v AM Hoipo & Sons Pty Ltd [2000] NSWIRComm16 HEARING DATES: 08/04/2000; 10/20/2000 DATE OF JUDGMENT: 12/08/2000