WorkCover Authority of New South Wales (Inspector Keelty) v Crown in Right of the State of New South Wales (Police Service of New South Wales) (No 3) [2002] NSWIRComm 1

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Keelty) v Crown in Right of the State of New South Wales (Police Service of New South Wales) (No 3) [2002] NSWIRComm 1 PROSECUTOR WorkCover Authority of New South Wales (Inspector Ronald James Keelty) PARTIES : DEFENDANT The Crown in Right of the State of New South Wales (Police Service of New South Wales) FILE NUMBER: IRC 5721 of 1997 CORAM: Hungerford J CATCHWORDS : Occupational Health and Safety - Prosecution for failure to ensure health, safety and welfare of employees - Two police officers fatally injured during performance of duty - Plea of guilty made after defendant found to have a case to answer at close of prosecutor's evidence - Failure of defendant to provide training in tactics to be employed in high-risk operational situations - Failure of defendant to ensure mandatory training in the use and reloading of weapons, use of torches, defensive tactics and communications - Assessment of appropriate penalty - The sentencing process - Objective nature and quality of offence - Subjective factors - Inherent risks faced by police officers - Prior convictions of defendant Crown generally - No prior convictions of defendant in respect of the Police Service - Training programmes developed and implemented to address safety risks - Whether case appropriate for making of beneficial order, without proceeding to conviction, that charge be dismissed - Offence found to be extremely serious - Conviction entered - Fine imposed - Moiety to prosecutor - Costs. Crimes Act 1900 s 556A Crimes (Sentencing Procedure) Act 1999 s 10 s 22(1) LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) s 51A Occupational Health and Safety Act 2000 s 4 s 8(1) s 12 s 121 Pt 7 cl 13 of Sch 3 Occupational Health and Safety Amendment (Police Officers) Act 2000 Capral Aluminium Ltd v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 99 IR 29 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Fletcher Construction Australia Ltd v WorkCover Authority of New South Wales (Inspector Fisher) (1999) 91 IR 66 Haynes v C I & D Manufacturing Pty Ltd (1994) 60 IR 149 Kirkby v A & M I Hanson Pty Ltd (1994) 55 IR 40 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Tyler v Sydney Electricity [1993] 47 IR 1 WorkCover Authority of New South Wales (Inspector Ankucic) v Crown in Right of the State of New South Wales (Department of Education and Training) [2001] NSWIRComm 313 CASES CITED : WorkCover Authority of New South Wales (Inspector Egan) v ATCO Controls Pty Ltd (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 49 NSWLR 700, (2000) 100 IR 64 WorkCover Authority of New South Wales (Inspector Keelty) v Crown in Right of the State of New South Wales (Police Service of New South Wales) (No 1) (2000) 50 NSWLR 333, (2000) 102 IR 252 WorkCover Authority of New South Wales (Inspector Keelty) v Crown in Right of the State of New South Wales (Police Service of New South Wales) (No 2) (2001) 104 IR 268 WorkCover Authority of New South Wales (Inspector Keenan) v Crown in Right of the State of New South Wales (Department of Education and Training) (unreported, Schmidt J, IRC98/598, 6 December 1999) WorkCover Authority of New South Wales (Inspector McMartin) v Broken Hill Pty Co Ltd (1999) 96 IR 32 WorkCover Authority of New South Wales (Inspector Tuckley) v Crown in Right of the State of New South Wales (Department of Community Services) (1999) 96 IR 1 WorkCover Authority of New South Wales (Inspector Twynam-Perkins) v Maine Lighting Pty Ltd (1995) 100 IR 248 WorkCover Authority of New South Wales (Inspector Viesis) v Thiess Contractors Pty Ltd (1996) 85 IR 12 WorkCover Authority of New South Wales v Waugh (1995) 59 IR 89 HEARING DATES: 10/06/1999; 10/07/1999; 09/15/2000; 02/05/2001; 02/06/2001; 02/07/2001; 02/09/2001; 02/14/2001; 02/15/2001; 02/16/2001; 02/19/2001; 02/20/2001; 02/22/2001; 10/04/2001; 10/11/2001; 10/22/2001 DATE OF JUDGMENT: 01/07/2002