Insp Plowright v Capitol Apartments Pty Limited [2001] NSWIRComm 270

Industrial Relations Commission of New South Wales in Court Session

CITATION : Insp Plowright v Capitol Apartments Pty Limited [2001] NSWIRComm 270 PROSECUTION: PARTIES : Insp Plowright DEFENDANT: Capitol Apartments Pty Limited FILE NUMBER: IRC563 of 2001 CORAM: Kavanagh J CATCHWORDS : Plea of guilty to charge under s16(1) of the Occupational Health and Safety Act 1983 - the Defendant, the Principal on site, failed to ensure contractor bricklayers left work site without risk to health - Defendant company failed to audit or supervise work of brick layer contractor - Wall was left freestanding and not laterally supported - In mitigation reputation of holding company relied upon as is personal reputation of common director - Character evidence from director who is the controlling mind of the company allowed in assessing admissions and credibility of commitment to safety offered by the director - evidence can also be relevant to assess the corporate/character reputation of the defendant company however it cannot be given excessive weight - Industrial record of holding company given consideration when assessing reputation/character evidence of the company - Industrial record of defendant company relevant to question of penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 s16(1) Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Insp James Swee Ch'ng) (1999) 90 IR 464 Department of Mineral Resources of New South Wales (Chief Inspector B R McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 CASES CITED : Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of NSW (Inspector Callaghan) v Saunders Constructions Pty Ltd (unreported decision, Maidment J, CT93/1062, 26 November 1993) Haynes v James Glass and Aluminium Pty Limited (unreported, Fisher CJ, CT91/772-775, 20 May 1994) WorkCover Authority of New South Wales v Kellogg (Australia) Pty Limited 101 IR 239 HEARING DATES: 09/12/2001 DATE OF JUDGMENT: 11/02/2001