Inspector Dubois v Masters Civil Pty Ltd and Anor [2006] NSWIRComm 180

Industrial Court of New South Wales

CITATION: Inspector Dubois v Masters Civil Pty Ltd and Anor [2006] NSWIRComm 180

Prosecutor: Inspector Rodney Dubois

PARTIES: First defendant: Masters Civil Pty Ltd (ACN 101 601 897)

Second defendant: Dani Geagea

FILE NUMBER(S): IRC 1115, 1116, 1130, 1131 of 2005

CORAM: Backman J

Occupational health and safety - sentencing of corporate defendant and individual defendant under s 8(1) and s 8(1) by operation of s 26(1) of the Occupational Health and Safety Act 2000 - pleas of guilty entered - worker is injured when falls 2.5 metres from a roof to first storey while undertaking demolition work - worker is qualified mechanic and welder with no qualifications in demolition work - worker's first day at work - no system of work, procedure, supervision, instruction, training or information developed or given to injured worker as to how to perform the work - worker had no fall protection device - dangers of working in the demolition and construction industries highlighted - risk to safety was risk of falling from heights - risk was obvious and reasonably foreseeable - importance of general and specific deterrence - availability of simple measures to obviate risks - likely consequences of failures and impact on penalty - respective culpabilities considered - circumstance of aggravation involving delay in attending to injured worker's injuries and non-provision of first aid - no prior convictions - early pleas of guilty - strong prosecution case and impact on guilty plea in terms of contrition - impressive post-accident measures considered - personal factors considered - penalty - totality - orders CATCHWORDS: Occupational health and safety - sentencing of corporate defendant and individual defendant under s 86(1)(b) and ss86(1)(b) and 26(1) of the Occupational Health and Safety Act 2000 - pleas of guilty - objective seriousness considered - personal factors considered - penalty - totality - orders.