WorkCover Authority of New South Wales (Inspector Jones) v Protogeros; WorkCover Authority of New South Wales (Inspector Jones) v Carrier Electrical Services Pty Ltd [2005] NSWIRComm 237

Industrial Relations Commission of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Jones) v Protogeros; WorkCover Authority of New South Wales (Inspector Jones) v Carrier Electrical Services Pty Ltd [2005] NSWIRComm 237

PROSECUTOR WorkCover Authority of New South Wales (Inspector Jones)

DEFENDANT PARTIES: Jim Protogeros

DEFENDANT Carrier Electrical Services Pty Ltd

FILE NUMBER(S): 3737; 3738 of 2004

CORAM: Marks J

CATCHWORDS: Occupational Health and Safety prosecutions - guilty pleas - injured worker untrained, unlicensed and unsupervised although experienced - simple safety measures not taken - committment of defendants to OH&S obligations - defendant's submissions regarding application of s 6 of the Fines Act rejected because not made in appropriate fashion - penalty to taken into consideration the objective seriousness of the offence - specific and general deterrence considered - subjective factors considered - defendant a substantial shareholder in defendant company - comparative application of penalty in Inspector Glass v BT Engineering - penalties imposed.

Fines Act s 6 Occupational Health and Safety Act 1983 s 15(1) LEGISLATION CITED: Occupational Health and Safety Act 2000 ss 8(1) 26

Ferguson v Nelmac Pty Limited [1999] 92 IR 188 Inspector Frank Glass v BT Engineering Pty Ltd as Trustee of the Bruce Thomas Family Trust [2004] NSWIRComm 245 CASES CITED: Inspector Mansell v Eleven Lighting Pty Ltd [2002] NSWIRComm 339 McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353