WorkCover Authority of New South Wales (Inspector Marshall) v BBC Hardware Limited [2004] NSWIRComm 296

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Marshall) v BBC Hardware Limited [2004] NSWIRComm 296 PROSECUTOR: WorkCover Authority of New South Wales PARTIES : (Inspector Marshall)

DEFENDANT: BBC Hardware Limited FILE NUMBER: 62 of 2004 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - objective seriousness of the offence - obvious foreseeability of risk to safety - readily and easily available remediation steps which could have been taken by the defendant before the accident to prevent the injury occurring - general and specific deterrence applicable - plea entered at the earliest opportunity - additional subjective features - defendant now part of corporate entity with positive committment to occupational health and safety - consideration of Victim's Impact Statement - defendant convicted - penalty imposed - order as to costs. Occupational Health and Safety Act 2000 LEGISLATION CITED : Factories Shops and Industries Act 1962 Crimes (Sentencing Procedure) Act 1999 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (1999) 90 IR 464 CASES CITED : Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 99 IR 29 R v Thompson, R v Houlton (2000) 49 NSWLR 383 HEARING DATES: 09/27/2004 DATE OF JUDGMENT: 09/27/2004

PROSECUTOR: Mr P Lowe of counsel SOLICITORS: WorkCover Authority Legal Group