Inspector Mark Wright v Northern Sydney and Central Coast Area Health Service [2005] NSWIRComm 463

Industrial Court of New South Wales

CITATION: Inspector Mark Wright v Northern Sydney and Central Coast Area Health Service [2005] NSWIRComm 463

PROSECUTOR: Inspector Mark Wright PARTIES: DEFENDANT: Northern Sydney and Central Coast Area Health Service

FILE NUMBER(S): IRC 45 of 2005

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8 (1) - guilty plea - fatal injury while repairing tray of tip truck - employee working directly under elevated tray - tray released causing crush injuries - failure to instruct employees not to repair faulty vehicles when not trained - failure to maintain adequate system for reporting and rectifying faults in operation of tip truck - failure to provide adequate information instruction and training - defendant's failures comprehensive in relation to operation of tip truck and risks involved in repair of truck - serious breach established - early plea - numerous other subjective factors - prompt compliance with improvement notices - remedial steps taken to address risk - provision of public health service and capacity of substantial fine to divert resources from important public function not accepted as grounds for reducing fine - fine imposed CATCHWORDS:

Inspector Batty v the Crown in the Right of New South Wales (Department of Education and Training) [2000] NSWIRComm 81 Inspector Searle v Western Sydney Area Health Service [2001] NSWIRComm 38 CASES CITED:

HEARING DATES: 12/09/2005 EXTEMPORE JUDGMENT DATE: 12/09/2005

PROSECUTOR: Mr D ONeil of counsel SOLICITORS: Legal Services Branch LEGAL REPRESENTATIVES: WorkCover Authority