WorkCover Authority of NSW (Insp Richey) v State Rail Authority of NSW [2000] NSWIRComm 205

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Insp Richey) v State Rail Authority of NSW [2000] NSWIRComm 205 Prosecutor PARTIES : WorkCover Authority of NSW (Insp Richey) Defendant State Rail Authority of NSW FILE NUMBER: IRC4642 of 1999 CORAM: Kavanagh J CATCHWORDS : Prosecution under s16(1) of the Occupational Health and Safety Act 1983 - plea of guilty - application of s51A of the Act as to penalty - consideration of foreseeability as an element as to the level of culpability of the defendant - the application of a maximum discount on penalty in an assessment of the utilitarian value of a plea as enunciated in the Court of Criminal Appeal decision in R v Thomson, R v Houlton and associated guidelines - what constitutes an early plea - considerations of court in the application of the guidelines LEGISLATION CITED : Occupational Health and Safety Act 1983 Supreme Court (Summary Jurisdiction) Act 1967 WorkCover Authority of NSW (Insp Dubois) v Concrete Constructions Group Limited (unreported, Wright J, President, 20 May 1999, IRC97/5242) Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Insp Swee Ch'ng) (1999) 90 IR 464 Capral Aluminium Limited v WorkCover Authority of NSW [2000] NSWIRComm71, 21 July 2000 CASES CITED : Department of Mineral Resources of NSW (Chief Insp McKensey) v Kembla Coal and Coke Pty Ltd (unreported, IRC142 of 1998, 16 August 1999) R v Thomson, R v Houlton [2000] NSWCCA 309 WorkCover Authority of NSW (Insp Sheppard) v The State Rail Authority of NSW [2000] NSWIRComm179