NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Jones v JT & LC Tippett Pty Ltd and Anor (No 2) [2007] NSWIRComm 306
PROSECUTOR: Inspector Stephen Jones PARTIES: DEFENDANTS: JT & LC Tippett Pty Ltd RD & LF Tippett Pty Ltd
FILE NUMBER(S): IRC 2587 and 2588 of 2005
CORAM: Backman J
CATCHWORDS: Occupational Health and Safety - sentences under s 8(1) of the Occupational Health and Safety Act 2000 following defended hearings - objective and subjective factors considered - respective capacities to pay a fine considered - application of principle of totality considered in context of corporate defendants guilty of offences arising from identical facts and in circumstances where the defendants operated as a partnership which employed the injured worker - application of principle of totality rejected - apportionment of costs considered - penalty - orders.
Criminal Procedure Act 1986 LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 2000
Department of Mineral Resources of NSW (Chief Inspector Terrey) v A M Hoipo & Sons Pty Ltd (2000) 99 IR 137 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) and Another v Lane Industries Pty Ltd and Others (1993) 26 IPR 261 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 Haynes v CI & D Manufacturing Pty Limited (No. 2); Callaghan v CI & D Manufacturing Pty Limited (No. 2) (1995) 60 IR 455 Hughes v Western Australian Cricket Association (Inc) and Ors (1986) ATPR 40-676 Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40 Inspector Green v Camilleri Properties Pty Ltd (2006) 152 IR 156 CASES CITED: Inspector Jones v JT & LC Tippett Pty Ltd and Anor [2007] NSWIRComm 26 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 O'Sullivan v Crown in Right of State of New South Wales (Department of Education and Training) (2003) 128 IR 158 T & M Industries Pty Ltd v Inspector James [2007] NSWIRComm 85 Trade Practices Commission v Cue Design Pty Ltd and Cue & Co Pty Ltd (1996) 85 A Crim R 500 WorkCover Authority (NSW) (Inspector Green) v Big River Timbers Pty Ltd (2006) 156 IR 341 WorkCover Authority of New South Wales (Inspector Ankucic) v Lyndhurst Trading Co Pty Limited (2000) 95 IR 462 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Another (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Robert Mayell) v DJ Gleeson Pty Ltd [2006] NSWIRComm 363 WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service (No 2) [2006] NSWIRComm 272
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