Inspector Patton v Hall and Quinn [2010] NSWIRComm 6

Industrial Court of New South Wales

CITATION: Inspector Patton v Hall and Quinn [2010] NSWIRComm 6

Inspector John Patton (Prosecutor) PARTIES: Peter Hall (Defendant in IRC 2008/1942) Jonathan Quinn (Defendant in IRC 2008/1943)

FILE NUMBER(S): IRC 1942 and 1943 of 2008

CORAM: Haylen J

CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2), s 26(1) - pleas of guilty entered by directors of failed building company - both directors undischarged bankrupts with limited present financial means - serious breach - fall of sub-contractor from scaffolding - career ending injuries received - scaffold adjusted by unqualified tradesman to suit progress of work - scaffolding left in dangerous state - lack of adequate supervision - inadequate information, training and supervision - no risk assessment undertaken - risk foreseeable and readily able to be addressed - general and specific deterrence - subjective factors considered - first offenders - early plea of guilty - no present capacity to pay significant fine - fine reduced - costs adjusted so as not to be disproportionate to fine

Crimes (Sentencing Procedure) Act 1999, S 21a(3)(I) LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 2000 s 8(2), 26(1)

Inspector Batty v Brian John Goldsmith [2009] NSWIRComm 72 National Parks and Wildlife Service and anor v Stables Perisher Pty Ltd (1990) 20 NSWLR 573. CASES CITED: Philip Morris Inc and anor v Adam P Brown Male Fashions Pty Ltd and ors (1981) 148 CLR 457 WorkCover Authority (Inspector Yeung) v Wilson (t/as Wilson's Tree Service) (2005) 143 IR I87 WorkCover Authority of NSW v Anywhere Tower Cranes Pty Ltd and ors (20070 NSWIRComm 44