Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96

Industrial Relations Commission of New South Wales in Court Session

CITATION: Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96

APPELLANT: Rodney Dale Morrison

PARTIES: RESPONDENT: Coal Operations Australia Limited

FILE NUMBER(S): IRC 4952 and 4953 of 2003

CORAM: Wright J President; Boland J; Staunton J

Penalty:

Specific offences against respondent found established beyond reasonable doubt - minimum support rules relied upon by respondent found to be inadequate - general principles and considerations - objective seriousness of the offence - reasonable foreseeability - offences do not fall within the worst type of offence category - principles of general and specific deterrence relevant - additional subjective features taken into consideration in determination of penalty - principle of totality applicable - no prior convictions - remorse and contrition - principle of restraint in Crown appeals - penalties imposed on respondent. CATCHWORDS: Costs:

Court has power to award costs under s 197A of the Industrial Relations Act - order made that respondent pay the prosecutor's costs of the summary trial proceedings - costs order not discounted where some particularised failures not made out - parties to pay their own costs regarding appeal proceedings having regard to approach of restraint embodied in Crown appeals - parties to prepare draft orders to reflect decisions made in order to record convictions and specific costs.

Coal Mines Regulation Act 1982 Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 1983