U-RECT-IT Pty Ltd v WorkCover Authority of New South Wales (Inspector de Silva) [2004] NSWIRComm 266

Industrial Relations Commission of New South Wales in Court Session

CITATION : U-RECT-IT Pty Ltd v WorkCover Authority of New South Wales (Inspector de Silva) [2004] NSWIRComm 266 APPLICANT U-RECT-IT Pty Ltd PARTIES : RESPONDENT WorkCover Authority of New South Wales (Inspector De Silva) FILE NUMBER: 7059 of 2003 CORAM: Wright J President; Walton J Vice-President; Marks J CATCHWORDS : Occupational health and safety prosecution - application for leave to appeal - appeal from penalty imposed by industrial magistrate - magistrate found unsafe system of work allowed to continue - consideration of sentencing principles to be applied in assessment of appropriate penalties - not appropriate for magistrate to offset any discount by reason of objective seriousness of offence - differential maximum penalties considered - magistrate required to have regard to statutory maximum penalty rather than jurisdictional limit - leave to appeal granted - whether penalty manifestly excessive - appeal dismissed - no costs order. Crimes Act s 556A Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Factories and Shops Act Occupational Health and Safety Act [1983] Occupational Health and Safety Act 2000 ss 4 8(1) 12 105(2) Blue Mountains Disability Services Limited v Stinson (1999) 92 IR 246 Drake Personnel Limited v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Fernandes Constructions Pty Ltd v WorkCover Authority (Inspector Jones) (2002) 124 IR 148 CASES CITED : Fletcher Construction Australia Limited v WorkCover Authority of New South Wales (Inspector Fisher) (1999) 91 IR 66 Hansford v His Honour Judge Neesham and Ors [1995] VR 233 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 R v Doan (2000) 50 NSWLR 115 WorkCover Authority of New South Wales v Chen and anor [2004] NSWIRComm 247 HEARING DATES: 08/17/2004 DATE OF JUDGMENT: 09/15/2004