NSW Caselaw
Industrial Court of New South Wales
CITATION: Bastian v Medicraft Hil-Rom Australia Pty Ltd [2010] NSWIRComm 34
PARTIES: Paul Anthony Bastian (Prosecutor) Medicraft Hil-Rom Australia Pty Ltd (Defendant)
FILE NUMBER(S): IRC 1236 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - objective seriousness - inadequate safety procedures -general and specific deterrence - mitigating subjective factors - remorse and contrition - no prior convictions - appropriate to grant a moiety of a penalty where prosecution is brought by a person holding office with industrial organisation - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1), s 106(1)(d)
CASES CITED: Derrick v ANZ Group Limited (No 2) [2005] NSWIRComm 145
HEARING DATES: 12 February 2010 26 February 2010 (written submissions)
DATE OF JUDGMENT: 19 March 2010
Mr A Slevin of counsel (Prosecutor) Solicitors Turner Freeman LEGAL REPRESENTATIVES: Mr A Gotting of counsel (Defendant) Solicitors Johnson Winter and Slattery
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Friday 19 March 2010
Matter No IRC 1236 of 2009
Paul Anthony Bastian v Medicraft Hil-Rom Australia Pty Ltd
Prosecution under s 8(1) of the Occupational Health and Safety Act 2000
JUDGMENT ON PENALTY
[2010] NSWIRComm 34
1 The defendant, Medicraft Hil-Rom Australia Pty Ltd, has been charged by the prosecutor, Paul Bastian, secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, with a breach of s 8(1) of the Occupational Health and Safety Act 2000 ("the Act"). The prosecution is brought by Mr Bastian pursuant to s 106(1)(d) of the Act. The defendant has pleaded guilty to the offence with which it is charged and this judgment deals with the question of penalty only. 2 An agreed statement of facts was tendered into evidence. It is reproduced hereunder, save that the annexures that are referred to are not reproduced. 1 At all material times, Medicraft Hill-Rom Australia Pty Limited (ACN 101 410 940) ( Defendant ) was and is a corporation with its registered office at 72 – 84 Shepherd Street, Marrickville in the State of New South Wales ( Premises ).
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