NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover of New South Wales (Inspector Farid (Known as Fred) Katf) v APC Socotherm Pty Ltd [2006] NSWIRComm 165
PROSECUTOR- Work Cover of New South Wales (Inspector Farid (Known as Fred) Katf) PARTIES: DEFENDANT- APC Socotherm Pty Ltd
FILE NUMBER(S): 3452 of 2005
CORAM: Marks J
CATCHWORDS: OH&S – guilty plea – objective seriousness - prior offence – failure to identify risk – deterrent effect of the imposition of penalty – assessment of the penalty - consideration of subjective factors – no prosecution of employer – capacity to pay fine – Held: Offence objectively serious –obligations imposed on defendant and employer were concurrent – defendant has capacity to pay – two offences are isolated incidents rather than systematic failure – penalty imposed.
LEGISLATION CITED: Occupational Health & Safety Act 2000 Fines Act 1996
WorkCover Authority of New South Wales (Inspector Katf) v Skilled Warehousing (NSW) Pty Ltd and APC Socotherm Pty Ltd [2005] NSWIRComm 296 WorkCover Authority of New South Wales (Inspector Wong) v Aluminium Contractors Sales (NSW) Pty Ltd [2000] NSWIRComm 233 CASES CITED: Nesmat Pty Limited v WorkCover Authority of New South Wales (1998) 87 IR 312 Wong v Melinda Group Pty Limited (1998) 82 IR 118 WorkCover Authority NSW (Inspector Ankucic) v McDonald's Australia Limited and anor (2000) 95 IR 383
HEARING DATES: 11/05/06
DATE OF JUDGMENT: 05/22/2006
PROSECUTOR: Mr M P Cahill of counsel Solicitor: Mr N Correy Moray & Agnew LEGAL REPRESENTATIVES:
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