Workover Authority of New South Wales (Inspector Ankucic) v The Crown in the Right of the State of New South Wales (National Parks and Wildlife Service) [2003] NSWIRComm 170

Industrial Relations Commission of New South Wales in Court Session

CITATION : Workover Authority of New South Wales (Inspector Ankucic) v The Crown in the Right of the State of New South Wales (National Parks and Wildlife Service) [2003] NSWIRComm 170 PROSECUTION: WorkCover Authority of New South Wales (Inspector Ankucic) PARTIES : DEFENDANT: The Crown in the Right of the State of New South Wales (National Parks and Wildlife Service) FILE NUMBER: 3216 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - issue of causation establishd by entry of plea of guilty - objective seriousness of the offence - foreseeability of risk of injury - general and specific deterrence - penalty imposed Occupational Health and Safety Act 1983 LEGISLATION CITED : Rural Fires Act 1997 National Parks and Wildlife Act 1974 State Rail Authority (New South Wales) v Dawson (1990) 37 IR 110 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng)(1999) 90 1R 432 at 449-450 CASES CITED : WorkCover Authority (Inspector Farrell) v Ross Collin Morrison [2001] NSWIR Comm 325 Lawrenson Diecasting v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Independent Cargo and Wool Services Pty Ltd v Mingare (unreported, Full Bench, CT92/1041, 10 March 1994) at 4 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 99 IR 29 HEARING DATES: 04/22/2003 DATE OF JUDGMENT: 05/29/2003