Beacham v Interface Manufacturing Pty Ltd and Another [2005] NSWIRComm 123

Industrial Relations Commission of New South Wales in Court Session

CITATION: Beacham v Interface Manufacturing Pty Ltd and Another [2005] NSWIRComm 123

Appellant Inspector Peter Beacham

First Respondent PARTIES: Interface Manufacturing Pty Ltd [ACN 072 574 139]

Second Respondent Interface Aust Pty Ltd [ACN 000 692 026]

FILE NUMBER(S): IRC 5918 of 2004

CORAM: Wright J President; Staff J; Backman J

Application for leave to appeal and appeal - Occupational health and safety - Concession by respondents that penalties manifestly inadequate - Miscarriage of sentencing discretion at first instance - Insufficient weight given to seriousness of risk to safety - Foreseeability of the risk - Failure to properly consider principle of deterrence - Error in assessing penalties by reference to the jurisdictional limit rather than by reference to the maximum penalty - Disparity between the two penalties not justified - Failure to give complete assessment of respective culpabilities of both respondents - Subjective features - leave to appeal granted - Appeal upheld - Fresh penalties imposed - No order as to costs. CATCHWORDS:

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000

Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Glass v Flexible Packaging (Australia) Pty Limited [2005] NSWIRComm 93 Inspector Waterhouse v Stephenson's Cranes Pty Limited [2005] NSWIRComm 103 CASES CITED: Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 R v Doan (2000) 50 NSWLR 115