Inspector Robert Wilkie v Susan Catherine Gordon and Inspector Robert Wilkie v Richard Edward Killen Gordon [2004] NSWIRComm 316

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Robert Wilkie v Susan Catherine Gordon and Inspector Robert Wilkie v Richard Edward Killen Gordon [2004] NSWIRComm 316 PROSECUTOR: Inspector Robert Wilkie

PARTIES : DEFENDANTS: Susan Catherine Gordon and Richard Edward Killen Gordon FILE NUMBER: IRC 6746, 6747, 6748, 6753 and 6756 of 2002 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(10 and s 16(1) offences - guilty pleas entered - partnership conducting farming businesses - use of chemicals and hazardous substances in conduct of business - failure to provide or maintain a safe system of work in connection with the use, handling and storage of hazardous substances - failure to provide for an adequate risk assessment in the use and handling of hazardous substances - failure to provide adequate information and instruction in connection with handling and storage of hazardous substances - five separate charges - offences each considered to be serious but part of a course of conduct - principle of totality applied to adjust level of each penalty - subjective features considered - each defendant a first offender under the Act and active in community affairs - separate professional undertaking of each defendant considered - application to apply provisions of s 10 Crimes (Sentencing Procedure) Act 1999 - application rejected - penalties imposed. A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1 Abigroup Contractors Pty Ltd v WorkCover Authority of New South Wales (Inspector Maltby) [2004] NSWIRComm 270 at [82] Department of Mineral Resourves (Chief Inspector McKensey) v Berrima Coal Pty Ltd and anor (2001) 105 IR 348 Hunter Water Board v State Rail Authority NSW (No 2) (1992) 75 LGRA 22 (at 23) Shultz v Tamworth City Council (1995) 58 IR 221 at 229 CASES CITED : Sweeney & Vandeleur Pty Ltd and anor v Robert Angyl and ors [2004] NSWIRComm 194 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of New South Wales v Neaves [1996] NSWIRComm 58 WorkCover Authority of New South Wales (Inspector Dawson) v Waugh & Thora Sawmilling Pty Ltd (1995) 59 IR 809 at 100 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 49 NSWLR 700 WorkCover Authority of New South Wales (Inspector Stewart) v Siemens Dematic Pty Ltd (2003) 121 IR 283 at [55]