Inspector Robert Mayell v New South Wales Land and Housing Corporation [2006] NSWIRComm 92

Industrial Court of New South Wales

CITATION: Inspector Robert Mayell v New South Wales Land and Housing Corporation [2006] NSWIRComm 92

PROSECUTOR: Inspector Robert Mayell PARTIES: DEFENDANT: New South Wales Land and Housing Corporation

FILE NUMBER(S): IRC 5768 of of 2004

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 10(1) - guilty plea - maintenance work performed on public housing stock - maintenance work performed by "multi-trade" head contractor and sub-contractors - substantial control of site, work methods and occupational health and safety retained by Housing Corporation - employee of sub-contractor electrocuted - Housing Corporation requires electricity to be disconnected before work commences - inspection before maintenance work 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 - failure of defendant to ensure site safety - serious offence not mitigated by role of head contractor and sub-contractors - important role of defendant in providing public housing not a mitigating factor - significant other subjective factors - early plea entered - fine imposed - proceedings related to Inspector Mayell v William McLean and ors [2006] NSWIRComm 93

LEGISLATION CITED: Occupational Health and Safety Act 2000

Carrington Slipways Pty Ltd v Callaghan (1985) 11 IR 467 Inspector Mayell v William McLean & ors [2006] NSWIRComm 93 CASES CITED: Inspector Searle v Western Sydney Area Health Service (2002) 1 11 IR 414 at [29] Tyler v Sydney Electricity (1993) 47 IR 1 at 5 WorkCover (NSW) v Department of Community Services (1999-2000) 96 IR 1 at 21