Inspector Ian Batty v Brian John Goldsmith. Prosecution under s 8(1) by virtue of s 26(1) of the OHS Act 2000 [2009] NSWIRComm 72

Industrial Court of New South Wales

CITATION: Inspector Ian Batty v Brian John Goldsmith. Prosecution under s 8(1) by virtue of s 26(1) of the OHS Act 2000 [2009] NSWIRComm 72

PROSECUTOR: Inspector Ian Batty PARTIES: DEFENDANT: Brian John Goldsmith

FILE NUMBER(S): IRC 914 of 2008

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) - s 26(1) - sole director - guilty plea entered - company liquidated - director bankrupt at time of sentencing - conveyor accident - failure to guard machinery - failure to adequately restrict access to moving parts of conveyor - failure to maintain safe system of work in operation and cleaning of conveyor - failure to provide adequate supervision, training and instruction - acceptance of victim's impact statement - serious breach established - inexperienced employee seriously injured - general and specific deterrence considered - substantial subjective factors - first offence - early plea - good prior safety record in inherently risky operation - remorse - co-operation with WorkCover investigator - good corporate citizen - bankrupt status of defendant considered - fine reduced and postponed until nominal end of bankruptcy. CATCHWORDS: Bankrupt defendant - unable to meet any fine imposed - principles to be applied - fine assessed - fine and costs reduced in face of defendant's impecuniosity - fine and costs postponed until nominal end of bankruptcy .

Corporations Act 2001 (Cth) LEGISLATION CITED: Fines Act, 1996 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000