NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Robins v Hunter Readymixed Concrete Pty Ltd [2010] NSWIRComm 138
PARTIES: Inspector Steven Robins (Prosecutor) Hunter Readymixed Concrete Pty Ltd (Defendant)
FILE NUMBER(S): IRC 2001 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY – breach of s 8(1) of the Occupational Health and Safety Act 2000 – early guilty plea and appropriate penalty – fatal injury – objective seriousness – moderately serious – remorse and contrition – commitment to occupational health and safety – remedial steps taken since accident – good corporate citizen – general and specific deterrence – no prior convictions – orders made
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1)
HEARING DATES: 28 September 2010
DATE OF JUDGMENT: 7 October 2010
Mr P Ginters of counsel (Prosecutor) Solicitor Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of NSW
Mr A Moses SC with Mr D Nagle of counsel (Defendant) Solicitor McDonald Johnson Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 7 October 2010
Matter No IRC 2001 of 2009
Inspector Steven Robins v Hunter Readymixed Concrete Pty Ltd
Prosecution pursuant to s 8(1) of the Occupational Health and Safety Act 2000
JUDGMENT
[2010] NSWIRComm 138
1 The defendant, Hunter Readymixed Concrete Pty Ltd, has been charged by the prosecutor, Inspector Steven Robins of the WorkCover Authority of New South Wales, with a breach of s 8(1) of the Occupational Health and Safety Act 2000 ("the Act"). Section 8(1) is in the following terms:
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