WorkCover Authority of NSW (Inspector Wade) v Hunter Area Health Service and Coltit Pty Limited [2005] NSWIRComm 87

Industrial Relations Commission of New South Wales

CITATION: WorkCover Authority of NSW (Inspector Wade) v Hunter Area Health Service and Coltit Pty Limited [2005] NSWIRComm 87

PROSECUTOR: WorkCover Authority of NSW (Inspector Wade)

PARTIES: DEFENDANTS: Hunter Area Health Service Coltit Pty Limited

FILE NUMBER(S): IRC 6785, 6786, 6787 and 6788 of 2002

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - plea of guilty - second defendant deregistered and ceasing to be a legal entity - prosecutions against it withdrawn - Notices of Discontinuance filed in relation to second defendant - judgment on plea deals with first defendant only - objective seriousness of the offence - reasonable foreseeability - principles of general and specific deterrence - application of relevant Australian Standards going to standards to be observed in safe operation of plant - relative culpability of first defendant and second defendant - erosion of utilitarian value of plea - relevant subjective considerations - prior convictions - penalty imposed - costs to be determined.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Health Services Act 1997 Occupational Health and Safety Act 1983

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Nesmat Pty Limited v WorkCover Authority of NSW (1998) 87 IR 312 CASES CITED: R v Thomspon, R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 WorkCover Authority of NSW v Walco Hoist Rentals Pty Ltd and anor (No 2) [2000] 99 IR 163