Inspector Gill v Collex Pty Ltd [2006] NSWIRComm 375

Industrial Court of New South Wales

CITATION: Inspector Gill v Collex Pty Ltd [2006] NSWIRComm 375

Prosecutor: Inspector Steve Gill PARTIES: Defendant: Collex Pty Ltd

FILE NUMBER(S): 5102 of 2004

CORAM: Backman J

CATCHWORDS: Occupational health and safety - plea of guilty to one offence under s 8(2) of the Occupational Health and Safety Act 2000 - incident at premises leased by defendant when a front end loader with its bucket raised collided with a stationary truck - very serious injuries sustained by truck driver - defendant had a safety procedure specifically tailored to its operations at the premises - system was nevertheless deficient - conduct of an employee of the defendant and conduct of the driver of the front end loader considered as contributing factors to the circumstances of the offence - whether the contributing conduct mitigated the otherwise objective seriousness of the offence - whether risk to safety reasonably foreseeable - general and specific deterrence applied - whether readily available remedial measures capable of implementation prior to the offence - whether injuries of truck driver a reflection of the gravity of the breach - relevance of prior convictions including interstate convictions - early plea of guilty - utilitarian considerations - contrition - cooperation - good corporate citizenship - post-accident safety measures - penalty - orders - costs.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health Safety and Welfare Act 1986 (SA)