Inspector Ken Kumar v Top Container Transport Pty Ltd (In Liquidation) [2005] NSWIRComm 203

Industrial Relations Commission of New South Wales in Court Session

CITATION: Inspector Ken Kumar v Top Container Transport Pty Ltd (In Liquidation) [2005] NSWIRComm 203

Prosecutor Inspector Ken Kumar PARTIES: Defendant Top Container Transport Pty Ltd (In Liquidation)

FILE NUMBER(S): 5369 of 2003

CORAM: Backman J

Ex parte proceedings - Occupational Health and Safety - s8(1) of the Occupational Health and Safety Act 2000 - corporate defendant in liquidation - whether defendant was an employer - whether defendant employed employees who were at work - whether the defendant failed to ensure safety - whether there was a risk to safety - whether there was a failure to undertake a risk assessment - whether there was a failure to provide a safe system of work - whether there was a failure to supervise to ensure crates were stacked safely - whether there was a failure to train supervisors to identify risks associated with the stacking of crates - offence proven - defendant found guilty and convicted.

CATCHWORDS: Sentence proceedings - Occupational Health and Safety - s8(1) of the Occupational Health and Safety Act 2000 - employee fatally injured in warehouse when crates stacked "six high" topple over - consequences of the breach - foreseeability and seriousness of the risk to safety - availability of simple remedial steps - deterrence - maximum penalty - respective culpabilities of the defendant and corporate co-defendant - defendant's financial means - penalty - orders.

Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 1983 LEGISLATION CITED: Occupational Health and Safety Act 2000 Workers Compensation Act 1987