NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Yates v Toorak Winery Pty Ltd [2010] NSWIRComm 136
PARTIES: Inspector Simone Yates (Prosecutor) Toorak Winery Pty Ltd (Defendant
FILE NUMBER(S): IRC 183 of 2010
CORAM: Haylen J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - cellar hand working in winery - fatal injuries received while draining wine from tank - moveable tanks used in draining and transfer task - blockage in overhead tank suddenly clears and weight of contents causes moveable tank to move - nip point created with overhead platform - serious crush injuries sustained - plea of guilty entered - serious breach but not clearly foreseeable - system widely used in wine making industry - no similar occurrence previously experienced - motor believed to hold moveable tank unless engaged - general and specific deterrence considered - numerous subjective factors - first offence in long history of defendant company - discount for early plea - extensive remedial steps taken - defendant accepts responsibility for its actions - contrition and remorse demonstrated - defendant committed to promotion of safety in workplace - Victims' Impact statements tendered and considered - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 Fines Act 1996
HEARING DATES: 20 September 2010
DATE OF JUDGMENT: 1 October 2010
Ms P McDonald of counsel (Prosecutor) WorkCover Legal Group LEGAL REPRESENTATIVES:
Mr B Cross of counsel (Defendant) Australian Business Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
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