Inspector Ruth Buggy v Hunter Area Health Service (now known as Hunter New England Area Health Service) [2005] NSWIRComm 317

Industrial Relations Commission of New South Wales in Court Session

CITATION: Inspector Ruth Buggy v Hunter Area Health Service (now known as Hunter New England Area Health Service) [2005] NSWIRComm 317

PROSECUTOR: Inspector Ruth Buggy PARTIES: DEFENDANT: Hunter Area Health Service (now known as Hunter New England Area Health Service)

FILE NUMBER(S): IRC 6942 of 2002

CORAM: Haylen J

Occupational Health and Safety Act 1983 - s 15(1) - plea of guilty to amended Application for Order - assault of a nurse working alone in courtyard of psychiatric unit - competing objectives of patient care and rehabilitation not available to reduce defendant's duty to ensure safety of employees - defects in duress alarm system and security system - failure of system to comply with Australian Standard and Departmental Manual - lack of formalised handover to next shift with warnings of significant events and patient behaviour - workplace rules did not prevent one person working in area frequently occupied by numerous patients - systems not effectively audited - serious breach established - consideration of defendant's prior record - similar prior event calls for significant aspect of penalty to reflect specific deterrence - early plea to amended application for order - other subjective elements considered - costs - length of prosecution's cross-examination not sufficient to reduce order for costs - penalty imposed. CATCHWORDS:

R v Brett Raymond Walker [2005] NSWCCA 109) R v Shankley [2003] NSWCCA 253 at [31] R v Thomson, R v Houlton (2000) 49 NSWLR 383 Veen v The Queen (No 2) (1988) 164 CLR 465 CASES CITED: WorkCover Authority of New South Wales (Inspector Keelty) v Crown in the Right of the State of New South Wales (Police Service of New South Wales) (No 2) (2001) 104 IR 268 (at 290-291)