NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Lancaster v Eurobodalla Shire Council [2009] NSWIRComm 192
PARTIES: Inspector Ian Lancaster of WorkCover Authority of New South Wales (Prosecutor) Eurobodalla Shire Council (Defendant)
FILE NUMBER(S): IRC 2283; IRC 2284 of 2008
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of ss 8(1) & 8(2) of the Occupational Health and Safety Act 2000 - guilty plea and appropriate penalty - fatal injury - objective seriousness - serious breach - general and specific deterrence - general commitment to occupational health and safety - subjective factors - prior conviction - principle of totality - orders made
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1), s 8(2)
HEARING DATES: 2 November 2009
DATE OF JUDGMENT: 19 November 2009
Mr D O'Neil of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Ms P McDonald of counsel (Defendant) Solicitors: Sparke Helmore
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 19 November 2009
Matter No IRC 2283 and 2284 of 2008
Inspector Ian Lancaster v Eurobodalla Shire Council
Prosecution under ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000
JUDGMENT
[2009] NSWIRComm 192
1 The felling of large trees using a chainsaw is an inherently dangerous activity. Tragically, Terry Connell, an employee of the defendant, Eurobodalla Shire Council, was killed on 12 December 2006 whilst attempting to fell a large tree using a chainsaw. The defendant has been charged by the prosecutor, Inspector Ian Lancaster of the WorkCover Authority of New South Wales, with two breaches of the Occupational Health and Safety Act 2000 ("the Act"), namely of ss 8(1) and 8(2) arising out of this incident. The defendant has pleaded guilty to both charges and this judgment concerns only the imposition of an appropriate penalty. 2 There was tendered into evidence an agreed statement of facts in the following terms: 1. At all material times the prosecutor, Inspector Lancaster was duly appointed under Division 1 of Part 5 of the Occupational Health and Safety Act 2000 ("OHS Act 2000") and empowered under Section 106(1)(c) of the said Act to institute proceedings in this matter.
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