Inspector Alan Jeffrey Broomham v Sebastian Builders & Developers Pty Ltd; Francisco Sebastian; Franco Crane Hire Pty Ltd [2007] NSWIRComm 107

Industrial Court of New South Wales

CITATION: Inspector Alan Jeffrey Broomham v Sebastian Builders & Developers Pty Ltd; Francisco Sebastian; Franco Crane Hire Pty Ltd [2007] NSWIRComm 107

PROSECUTOR: Inspector Alan Jeffrey Broomham

PARTIES: DEFENDANTS: Sebastian Builders & Developers Pty Ltd Francisco Sebastian Franco Crane Hire Pty Ltd

FILE NUMBER(S): IRC 3351,3352, 3353, 3355, 3356, 3357 of 2005

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - s 8(2) - s 10(2) - director charged by operation of s 26 - crane hired by crane hire company to building company - one person a director of both companies - new type of self-erecting tower crane purchased - standards and codes not effectively deal with new type of crane - crane collapses during dismantling - pleas of guilty entered - dismantling of crane not performed by qualified persons or in accordance with user's manual - director trained overseas by manufacturer in erecting and dismantling crane - serious breach conceded - general deterrence - reduced role for specific deterrence - steps taken to obtain information about those qualified to operate, erect and dismantle new type of crane prior to accident - numerous steps taken after accident to address risk - considerable objective factors - totality and parity considered - penalties imposed

CASES CITED: Inspector Alan Jeffrey Broomham v Radenko Maletic [2007] NSWIRComm 108 McCall v John Watson Building Services Pty Ltd and anor [2004] NSWIRComm 353

HEARING DATES: 26/04/07

DATE OF JUDGMENT: 14 May 2007