Inspector Garg v Precision Valve Australia Pty Ltd [2006] NSWIRComm 142

Industrial Court of New South Wales

CITATION: Inspector Garg v Precision Valve Australia Pty Ltd [2006] NSWIRComm 142

Prosecutor: Inspector Garg PARTIES: Defendant: Precision Valve Australia Pty Ltd [ACN 000 599 922]

FILE NUMBER(S): IRC 3252 of 2004

CORAM: Backman J

CATCHWORDS: Occupational health and safety - plea of guilty to one offence under s 8(1) of the Occupational Health and Safety Act 2000 - employee fatally injured following an accident involving two forklifts at the defendant's warehouse - victim young (22 years of age) and relatively inexperienced - no system of work which addressed risks associated with placing one's body outside the cabin of a forklift - no system of work which ensured that safe distances maintained between operating forklifts - defendant otherwise implemented an impressive system of work which addressed safety issues - risk to safety was reasonably foreseeable - general deterrence - specific deterrence - available remedial steps - gravity and consequences of offence - approach to prior convictions where stale and no detail provided - early plea of guilty - contrition and remorse - assistance to victim's family - cooperation - post accident measures - good industrial citizenship - penalty - orders - costs

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Factories Shops & Industries Act 1962 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 CASES CITED: R v Thompson; R v Houlton (2000) 49 NSWLR 383; 115 ACrimR 104 Winchester (1992) 50 ACrimR 345 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Limited and Another (2000) 95 IR 383