NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ochoa v Mulder [2010] NSWIRComm 92
PARTIES: Inspector Mara Ochoa (Prosecutor) Peter Henricus Daniel Mulder (Defendant)
FILE NUMBER(S): IRC 1215 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - serious breach - objective seriousness - relative culpability - general and specific deterrence - no prior convictions - remorse and contrition - publication order - penalties imposed
LEGISLATION CITED: Fines Act 1996 - s 4, s 6 Occupational Health and Safety Act 2000 - s 3, s 8(2), s 115
CASES CITED: Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531 McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353
HEARING DATES: 20 May 2010, 21 & 25 June 2010 (written submissions)
DATE OF JUDGMENT: 15 July 2010
Mr D O'Neil of counsel (Prosecutor) Solicitors Legal Group, LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr G Walkom, solicitor (Defendant) Solicitors Walkom Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 15 July 2010
Matter No IRC 1215 of 2009
Inspector Mara Ochoa v Peter Henricus Daniel Mulder
Prosecution pursuant to s 8(2) of the Occupational Health and Safety Act 2000
JUDGMENT RE PENALTY
[2010] NSWIRComm 92
1 The defendant, Peter Henricus Daniel Mulder, is charged by the prosecutor, Inspector Mara Ochoa of the WorkCover Authority of New South Wales, with a breach of s 8(2) of the Occupational Health and Safety Act 2000 ("the Act"). The charge and the particulars of charge are contained within a second amended application for order filed at the commencement of the hearing on 20 May 2010. 2 The charge is that the defendant: being an employer, on 12 November 2007, at ( deleted ), in the State of New South Wales ("the premises")
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