WorkCover Authority of NSW (Insp Guillarte) v Genner Constructions Pty Ltd [2000] NSWIRComm 87

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Insp Guillarte) v Genner Constructions Pty Ltd [2000] NSWIRComm 87 PROSECUTION: PARTIES : WorkCover Authority of NSW (Insp Guillarte) DEFENDANT: Genner Constructions Pty Ltd FILE NUMBER: IRC4898&4900 of 1998 CORAM: Kavanagh J CATCHWORDS : As to penalty - prior hearing as to liability - three charges dismissed, two charges found proven - lack of training and instruction proven but a safe system of work in place - abandonment of system of work by worker due to lack of training and instruction - good industrial record of company in inherently dangerous industry - application of s10 Crimes (Sentencing Procedure) Act 1999 - not appropriate - principle of totality applied to penalty for two breaches of the Act. Crimes Act 1900 s556A LEGISLATION CITED : Occupational Health and Safety Act 1983 s15 Crimes (Sentencing Procedure) Act 1999 s10 Crimes Legislation Amendment (Sentencing) Act 1999 Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Insp James Swee Ch'ng) (1999) 90 IR 464 CASES CITED : Haynes v James Glass & Aluminium Pty Ltd (unreported, CT91/772-775, 20 May 1994) Van Rooy Machinery Pty Limited v WorkCover Authority of NSW (Insp Wolf) [2000] NSWIRComm 48 (published on 21.3.00) Pearce v The Queen (1998) 72 ALJR 1416 HEARING DATES: 04/28/2000 DATE OF JUDGMENT: 06/06/2000

PROSECUTOR: Mr P.M. Skinner of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R.J. Grady of counsel SOLICITORS: Peta Bollinger