Inspector Stevens v Garry Talbot trading as Jappa's Arboricultural Services [2006] NSWIRComm 138

Industrial Court of New South Wales

CITATION: Inspector Stevens v Garry Talbot trading as Jappa's Arboricultural Services [2006] NSWIRComm 138

Prosecutor: Inspector Erinn Stevens PARTIES: Defendant: Garry Talbot t/as Jappa's Arboricultural Services

FILE NUMBER(S): IRC 3654 of 2004

CORAM: Backman J

CATCHWORDS: Occupational health and safety - plea of guilty to one offence under s 9 of the Occupational Health and Safety Act 2000 - failure to provide a safe system of work - implementation of unsafe work practices when felling a tree - co-worker receives fatal injuries when struck by falling tree during felling operation - hazardous nature of tree felling emphasised in prevailing literature such as Code of Practice and Australian Standards - risk to safety was obvious and reasonably foreseeable - deterrence - gravity and consequences of the offence - availability of remedial measures - maximum penalty - no prior convictions - discount for plea of guilty - capacity to pay a fine considered - penalty - orders - costs.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Fletcher Constructions Australia Ltd v The WorkCover Authority of New South Wales (Inspector Fisher) Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 CASES CITED: Morrison v Powercoal Pty Ltd & Anor (No. 3) (2005) 147 IR 117 R v Thompson; R v Houlton (2000) 49 NSWLR 383 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Limited and Another (2000) 95 IR 383 WorkCover Authority of NSW (Inspector Farrell) v Ross Colin Morrison [2001] NSWIRComm 325 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader (2002) 112 IR 284