Inspector Davidson v Williams [2009] NSWIRComm 64

Industrial Court of New South Wales

CITATION: Inspector Davidson v Williams [2009] NSWIRComm 64

PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Russell Alan Williams

FILE NUMBER(S): IRC 259 of 2008

CORAM: Marks J

CATCHWORDS: OHS prosecution - ex parte hearing - defendant director of corporation - corporation contravened the Act - corporation failed to ensure health, safety and welfare at work of all its employees - failure to provide and maintain safe system of work - failure to provide information, instruction and training - failure to provide supervision - objective seriousness of the offence - actions of victim were not contemplated - victim acted in foolhardy manner - breach restricted to failure to ensure employee acting in irrational manner would not do so - deterrent effect - penalty imposed.

LEGISLATION CITED: Occupational Health and Safety Act 2000 s8, s26

HEARING DATES: 11 August, 11 November 2008, 23 March and 4 May 2009.

DATE OF JUDGMENT: 12 May 2009

PROSECUTOR Mr M Cahill of counsel Solicitor WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Legal Group Ms B Benson

DEFENDANT No appearance

JUDGMENT:

INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Marks J

Tuesday 12 May 2009

Matter No IRC 259 of 2008

Inspector Maree Davidson v Russell Alan Williams

Prosecution under s 26(1) and s 8(1) of the Occupational Health and Safety Act 2000

JUDGMENT

[2009] NSWIRComm 64

1 In these proceedings, the defendant, Russell Alan Williams, is charged with a breach of s 26(1) of the Occupational Health and Safety Act 2000 ("the Act") by the prosecutor, Inspector Maree Davidson of the WorkCover Authority of New South Wales. The charge arises out of an alleged breach by a corporation, St Mary's Tyre Service (NSW) Pty Ltd ("St Mary's Tyres") of s 8(1) of the Act, by reason of the defendant being a director of that corporation. 2 Relevantly, ss 8(1) and 26 of the Act are in the following terms: 8 Duties of employers