Inspector Ian Lancaster v Rail Corporation of New South Wales. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 189

Industrial Court of New South Wales

CITATION: Inspector Ian Lancaster v Rail Corporation of New South Wales. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 189

PROSECUTOR: Inspector Ian Lancaster PARTIES: DEFENDANT: Rail Corporation of New South Wales

FILE NUMBER(S): IRC 550 of 2007

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) s 121(3) - Crown agency established with transfer of staff and property from another existing Crown agency - original Crown agency not dissolved but continues to operate - plea of guilty entered to breach of s 8(1) - unsafe system of work - movement of containers at railway depot by use of loader and forklift in combination - jib attachment dislodges and seriously injures employee - whether defendant a previous offender by virtue of prior record of Rail Infrastructure Corporation - statutory interpretation - consideration of operation of Pt 7, Div 3 of the Act - serious breach established - general and specific deterrence - subjective factors - early plea - extensive safety systems in operation - penalty imposed.

CATCHWORDS: Statutory interpretation - use of extrinsic material - legislative history considered - Minister's second reading speech - meaning of "predecessor" in s 121(3) Occupational Health and Safety Act 2000 - operation of Pt 7 Division 3 considered.

Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 LEGISLATION CITED: State Owned Corporations Act 1989 s 20F Transport Administration Amendment (Railway Agencies) 2003 ss 118. 119,120, 121 and 123 Pt 7, Division 3