Inspector Robert Mayell v William McLean and ors [2006] NSWIRComm 93

Industrial Court of New South Wales

CITATION: Inspector Robert Mayell v William McLean and ors [2006] NSWIRComm 93

PROSECUTOR: Inspector Robert Mayell

PARTIES: DEFENDANTS: William McLean and Crossley McLean and Associates Pty Ltd.

FILE NUMBER(S): IRC 5741, 5747, 5750 and 5753 of 2004

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) s 8(2) s 26(1) - offences by head contractor and director of contractor and a sub-contractor - maintenance work performed on public housing stock - maintenance work performed by "multi-trade" head contractor and sub-contractors - substantial control of site, work method and occupational health and safety retained by Housing Corporation - employee of sub-contractor electrocuted - pleas of guilty entered after offences listed for hearing but before commencement of hearing - Housing Corporation requires electricity to be disconnected before work commences on site - inspection before maintenance work commences shows illegal modification to internal power point - site later vandalised - stove and hot water system removed leaving exposed electricity wires - internal power source used by sub-contractors contrary to arrangements with Housing Corporation - risk obvious and easily remedied - serious breaches established - little difference in relative criminal culpability of Housing Corporation and head contractor - substantial utilitarian benefit of pleas - good industrial record of defendants in an inherently dangerous industry - significant subjective factors - s 10 application under Crimes (Sentencing Procedure) Act 1999 by director - extenuating circumstances not established - application refused - penalties imposed - proceedings related to Inspector Mayell v New South Wales Land and Housing Corporation [2006] NSWIRComm 92