NSW Caselaw
Industrial Court of New South Wales
CITATION: Robert William Regan v Anglo Coal (Kayuga Management) Pty Ltd [2007] NSWIRComm 12 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR: Robert William Regan PARTIES: DEFENDANT: Anglo Coal (Kayuga Management) Pty Ltd
FILE NUMBER(S): IRC 5852 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - extensive engagement of contractors in development of mine - use of specialist crane operator - failure to ensure compliance with good rigging practice and standards - considerable control of safety exercised by mine operator over contractors - system of contractor control not fully implemented - mine operator not required to become expert in crane operation/heavy lifting but was required to ensure safe system of work in existence and risk assessment undertaken - serious breach of the Act established - defendant incorporated for limited purpose and no longer operating - general deterrence considered - special circumstances result in no element of penalty to reflect specific deterrence - while defects found in defendant's system of safety, extensive system in operation - safety system more than paper system - numerous actions taken after fatal accident to address risk to safety no prior record - early plea - substantial subjective factors considered - penalty imposed
CASES CITED: Robert William Regan v Muswellbrook Crane Services Pty Ltd [2007] NSWIRComm 13 R v Thompson (2000) 49 NSWLR 3
HEARING DATES: 11/12/2006
DATE OF JUDGMENT: 6 February 2007
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