Inspector Bishwa v Refined Sugar Services Pty Ltd & Anor [2006] NSWIRComm 366

Industrial Court of New South Wales

CITATION: Inspector Bishwa v Refined Sugar Services Pty Ltd & Anor [2006] NSWIRComm 366

PROSECUTOR Inspector Manujendra Bishwa

PARTIES: FIRST DEFENDANT Refined Sugar Services Pty Ltd

SECOND DEFENDANT Sugar Australia Pty Ltd

FILE NUMBER(S): IRC 588 and 589 of 2006

CORAM: Staff J

CATCHWORDS: Occupational health and safety - Prosecutions under s 8(1) and s 10(2) of the Occupational Health & Safety Act 2000 - Explosion caused by combustion of sugar dust at facility for the storage processing and distribution of sugar - No serious injuries - Defendants had comprehensive and impressive systems of safety implemented at the plant although the systems were deficient in some respects - Risks to safety from sugar dust explosion was known and obvious - General and specific deterrence - Availability of simple remedial measures considered - No prior convictions - Whether early plea of guilty considered - Good corporate citizenship - Co-operation - Whether totality principle applies - Subjective factors - Plea of guilty - Penalty imposed - Costs

LEGISLATION CITED: Occupational Health & Safety Act 2000 Occupational Health and Safety Regulation 2001

Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Inspector Green v Big River Timbers Pty Limited; Inspector Green v Big River Timbers (Veneer) Pty Limited [2006] NSWIRComm 279 CASES CITED: Morrison v Coal Operations Australia Ltd (No 2) (2005) 141 IR 465 Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 R v Gorman (2002) 137 A Crim R 326 R v Thomson; R v Houlton (2000) 49 NSWLR 383