Inspector Foley v Kent Transport Industries Pty Ltd [2007] NSWIRComm 37

Industrial Court of New South Wales

CITATION: Inspector Foley v Kent Transport Industries Pty Ltd [2007] NSWIRComm 37

Prosecutor: Inpsector Lisa Foley PARTIES: Defendant: Kent Transport Industries Pty Ltd

FILE NUMBER(S): IRC 5646 of 2005

CORAM: Backman J

CATCHWORDS: Occupational health and safety - sentence under s 8(1) of the Occupational Health And Safety Act 2000 - plea of guilty entered - workers are injured after falling over first floor balcony railing onto spiked metal fence while lowering furniture - at time of offence defendant had no formal safe system of work or safe work procedure for the assessment of the structural integrity of balcony railings while removing furniture - no risk assessment undertaken - procedure left up to discretion of workers - risk to safety was risk of falling from heights - relevant sentencing principles considered and applied - penalty - orders.

LEGISLATION CITED: Crimes (Sentencing Procedures) Act 1999 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Maddaford v CSR and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 CASES CITED: R v Thompson; R v Houlton (2000) 49 NSWLR 383; 115 ACrimR 104 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Anor (2000) 95 IR 383 WorkCover Authority of NSW (Inspector Patton) v Fletcher Constructions Australia Ltd (2003) 123 IR 121 WorkCover Authority (NSW) (Inspector Shultz) v Hoffman's Kundabung Sawmilling Pty Ltd (2006) 155 IR 416