Inspector Mulder v South Coast Equipment Pty Ltd [2007] NSWIRComm 98

Industrial Court of New South Wales

CITATION: Inspector Mulder v South Coast Equipment Pty Ltd [2007] NSWIRComm 98

PROSECUTOR Inspector John Mulder PARTIES: DEFENDANT South Coast Equipment Pty Ltd

FILE NUMBER(S): IRC 3324 of 2006

CORAM: Staff J

CATCHWORDS: Occupational Health and Safety - Prosecution under s 8(1) of the Occupational Health & Safety Act 2000 - Resource extraction and recovery industry - Employee electrocuted in carrying out welding work - Fatality - Greater risk of electrocution when welding in damp clothing caused by perspiration or weather conditions - Extensive remedial steps taken within organisation and in industry generally - Whether appropriate to take into account in respect of general deterrence - Appropriate to take such conduct into account in considering subjective matters - Not appropriate to discount objective seriousness of the offence because of such steps - Specific deterrence - Potential of re-offending low - Early plea of guilty - Good corporate citizenship - Exceptional commitment to occupational health and safety - Genuine remorse - Victim impact statements - Offence proven - Penalty imposed.

LEGISLATION CITED: Occupational Health & Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Glass v Foamex Polystyrene Pty Ltd [2004] NSWIRComm 100 Inspector Sharpin v A Team Concrete (Aust) Pty Ltd & Ors [2004] NSWIRComm 182 CASES CITED: Inspector Simpson v Tomago Aluminium Co Pty Ltd (unreported, Haylen J, 27 April 2004, matter No 5351 of 2003) Morrison v Coal Operations Australia Ltd (No 2) (2005) 141 IR 465 R v Previtera (1997) 94 A Crim R 76 Warman International Limited v WorkCover Authority of New South Wales (1998) 80 IR 326