Inspector Graeme Keith Aldred v Salamander Shores Hotel Pty Ltd and Others [2008] NSWIRComm 102

Industrial Court of New South Wales

CITATION: Inspector Graeme Keith Aldred v Salamander Shores Hotel Pty Ltd and Others [2008] NSWIRComm 102

PROSECUTOR: Inspector Graeme Keith Aldred

PARTIES: DEFENDANTS: Salamander Shores Hotel Pty Ltd Christopher Paul Herbert Niall Chang Brian Francis Wadley

FILE NUMBER(S): IRC 7002 of 2004; IRC 7003 of 2004; IRC 1205 of 2005 ; IRC 1207 of 2005

CORAM: Backman J

CATCHWORDS: Occupational Health and Safety – sentences under s 8(2) pursuant to s 26(1) of the Occupational Health and Safety Act 2000 following defended hearings and sentence under s 8(2) of the Occupational Health and Safety Act 2000 following a plea of guilty by the corporate defendant – objective and subjective factors considered – submission that plea of guilty entered by corporate defendant at the earliest opportunity rejected – respective culpabilities considered – applications by individual defendants for orders under s 10(1) of the Crimes (Sentencing Procedure) Act 1999 rejected – submission that remaining directors will bear the burden of any penalty imposed on the corporate defendant which may justify a lesser penalty being imposed on the corporate defendant rejected – corporate defendant's capacity to pay a fine considered – orders.

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

Haynes v CI& D Manufacturing Pty Limited (No 2) (1995) 60 IR 455 Inspector Aldred v Herbert and others [2007] NSWIRComm 170 Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40 Inspector Green v Camilleri Properties Pty Ltd (2006) 152 IR 156 CASES CITED: Inspector Jones v JT & LC Tippett Pty Ltd and Anor (No 2) [2007] NSWIRComm 306 Inspector Steven Cooper v Rail Infrastructure Corporation [2008] NSWIRComm 92 T & M Industries Pty Ltd v Inspector James [2007] NSWIRComm 85 WorkCover Authority (NSW) (Inspector Green) v Big River Timbers Pty Ltd (2006) 156 IR 341 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd (2004) 136 IR 449 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Limited and Another (No 2) (2000) 99 IR 163