NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Richard Mulder v Baseline Constructions Pty Ltd. Prosecution under s 8(2) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 136
PROSECUTOR: Inspector Richard Mulder PARTIES: DEFENDANT: Baseline Constructions Pty Ltd
FILE NUMBER(S): IRC 148 of 2007
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - offence alleged against head contractor - laying of precast floor planks by sub-contractor - use of temporary support - failure of temporary support - heavy floor planks fall killing principal sub-contractor and injuring three of his employees - inadequacy of temporary supports - insufficient plank end support - plea of guilty entered by defendant after matter listed for contested hearing - significant failures in safety system despite extensive existing safety system - remedial steps not difficult to take - serious breach established - - general and specific deterrence - subjective factors considered - utilitarian benefit of plea - no prior record in 15 year participation in dangerous industry - defendant shows leadership in industry safety standards - good industrial citizen - contrition - co-operation with prosecuting authorities - penalty imposed.
CASES CITED: Inspector Mulder v Girotto Precast Pty Ltd Prosecution under s 8(2) of the Occupational Health and Safety Act 2000) and Inspector Richard Mulder v Guiseppe Girotto Prosecution under s 26(1) and s 8(2) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 94
HEARING DATES: 11 July 2008
DATE OF JUDGMENT: 17 July 2008
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: WorkCover Authority LEGAL REPRESENTATIVES: Legal Group
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