NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector James v Dekorform Pty Ltd & Paul [2010] NSWIRComm 150
Inspector Wayne James (Prosecutor) PARTIES: Dekorform Pty Ltd (First Defendant) Robert Mark Paul (Second Defendant)
FILE NUMBER(S): IRC 1012; IRC 1013 of 2008
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY – breach of s 8(1) of the Occupational Health and Safety Act 2000 by the corporate defendant – personal defendant deemed guilty of the same offence by virtue of s 26(1) – guilty pleas and appropriate penalty – objective seriousness – inadequate risk assessment – prior knowledge of risk – general and specific deterrence – commitment to occupational health and safety obligations – cooperation with prosecutor – remorse and contrition – no prior convictions – relative culpability – s 10 Crimes (Sentencing Procedure) Act 1999 applied to personal defendant – orders made
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 – s 10 Occupational Health and Safety Act 2000 - ss 8(1), s 26(1)
Department of Mineral Resources (Chief Inspector McKensey) v Berrima Coal Pty Ltd & Anor [2001] NSWIRComm 130; (2001) 105 IR 348 CASES CITED: Morrison v Powercoal Pty Ltd (No 3) [2005] NSWIRComm 61 Page v Walco Hoist Rentals Pty Ltd (No 2) [2000] NSWIRComm 39
HEARING DATES: 14 October 2010
DATE OF JUDGMENT: 12 November 2010
Mr D Chin of counsel (Prosecutor) Solicitors: Legal Group WorkCover Authority of NSW
LEGAL REPRESENTATIVES: Mr M Shume of counsel (First Defendant) Solicitors: Kemp Strang Mr P Coleman of counsel (Second Defendant) Solicitors: Workplace Law
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