WorkCover Authority of New South Wales (Inspector Henson) v Chadraoui & Sons Pty Limited and Mounir Chadraoui [2004] NSWIRComm 356

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Henson) v Chadraoui & Sons Pty Limited and Mounir Chadraoui [2004] NSWIRComm 356 PROSECUTOR: WorkCover Authority of New South Wales (Inspector Henson) PARTIES : DEFENDANTS: Chadraoui & Sons Pty Limited Mounir Chadraoui

FILE NUMBER: IRC 7264 and 7265 of 2003 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - no prior convictions - objective seriousness of the offence - readily and easily available remediation steps which could have been undertaken by the defendant to prevent the injury occurring - general and specific deterrence - financial circumstances of the defendants - plea entered at the earliest opportunity - subjective features relevant to determination of penalty - defendants convicted - penalties imposed - costs to the prosecutor regarding the offence involving the corporate defendant - no order as to costs regarding the offence involving the personal defendant. LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 2000 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 99 IR 29 Department of Mineral Resources (Chief Inspector Terrey) v A M Hoipo & Sons Pty Limited (1999) 99 IR 137 CASES CITED : Lawrenson Diecasting Pty Limited v WorkCover Authority of NSW (1999) 90 IR 464 Manpac Industries Pty Ltd v WorkCover Authority of NSW (Inspector Glass) (2001) 106 IR 435 R v Thomson, R v Houlton (2000) 49 NSWLR 383 HEARING DATES: 11/22/2004 DATE OF JUDGMENT: 11/22/2004