Inspector Jamie Hinton v Rayming Pty Limited [2010] NSWIRComm 129

Industrial Court of New South Wales

CITATION: Inspector Jamie Hinton v Rayming Pty Limited [2010] NSWIRComm 129

Inspector Hinton (Prosecutor) PARTIES: Rayming Pty Limited (Defendant in IRC1153 of 2009) Ming Xue Chen (Defendant in IRC1152 of 2009)

FILE NUMBER(S): IRC1153, 1152 of 2009

CORAM: Kavanagh J

CATCHWORDS: Occupational Health and Safety Act 2000 - Prosecution under s10(1) of a corporation and by virtue of s 26(1) under s 10(1) of the director of the corporation - company sells and distributes glass and mirror products (imported from China) - goods stored and kept at the premises awaiting sale and distribution - no risk assessment of storage area - no systems, no proper equipment, no signage, no safe storage of goods with great weight - foreseeability - offences most serious - general and specific deterrence relevant - obvious steps that could have been taken - high risk to the safety - few subjective elements balancing the seriousness of the offences - pecuniary status of both defendants - sentencing - penalty

LEGISLATION CITED: Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Ferguson v Nelmac Pty Ltd (1999) 92 IR 188 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v R (2005) 228 CLR 357 CASES CITED: Morrison v Powercoal Pty Limited [2003] NSWIRComm 416; (2003) 130 IR 364 R v Gallagher (1991) 23 NSWLR 220 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way (2004) 60 NSWLR 168 WorkCover Authority of New South Wales (Inspector Ch'ng) v ACI Operations Pty Limited, unreported decision of Schmidt J, 25 February 1994