Daly Smith Corporation (Aust) Pty Limited and Anor v WorkCover Authority of New South Wales (Inspector Mansell) [2006] NSWIRComm 111

Industrial Court of New South Wales

CITATION: Daly Smith Corporation (Aust) Pty Limited and Anor v WorkCover Authority of New South Wales (Inspector Mansell) [2006] NSWIRComm 111

First appellant Daly Smith Corporation (Aust) Pty Limited

PARTIES: Second appellant Thomas Edwin Curtis Smith

Respondent WorkCover Authority of New South Wales (Inspector Mansell)

FILE NUMBER(S): IRC 2156 of 2005

CORAM: Wright J President; Walton J Vice-President; Backman J

Appeal - occupational health and safety - Occupational Health and Safety Act 1983 - s 196 of the Industrial Relations Act 1996 and s 5AA of the Criminal Appeal Act 1912 - appeal against convictions - failure to refer to evidence of two witnesses - meaning of failure to provide training, instruction, supervision and to carry out a risk assessment considered - causation - defences under s 53(a) and (b) considered - defence under s 50(1) considered - appeal dismissed. CATCHWORDS: Appeal - occupational health and safety - Occupational Health and Safety Act 1983 - s 196 of the Industrial Relations Act 1996 and s 5AA of the Criminal Appeal Act 1912 - appeal against manifestly excessive penalty - reasonable foreseeability of the risk to safety - respective culpability of co-offenders considered - subjective features - application of s 10 Crimes (Sentencing Procedure) Act 1999 - appeal dismissed - costs.

Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Appeal Rules Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Occupational Health and Safety Act 1983