Inspector Karen Simpson v Poonindie Pty Ltd (trading as Ted Wilson & Sons) ACN 067 774 985 [2009] NSWIRComm 18

Industrial Relations Commission of New South Wales

CITATION: Inspector Karen Simpson v Poonindie Pty Ltd (trading as Ted Wilson & Sons) ACN 067 774 985 [2009] NSWIRComm 18

PROSECUTOR: Inspector Karen Simpson PARTIES: DEFENDANT: Poonindie Pty Ltd (trading as Ted Wilson & Sons) ACN 067 774 985

FILE NUMBER(S): 1236 and 1237 of 2007

CORAM: Backman J

CATCHWORDS: Occupational Health and Safety - Occupational Health and Safety Act 2000 - s 8(1) and s 8(2) - pleas of guilty - fatal accident involving crane coming into contact with overhead power lines at work site - objective seriousness of offences considered - systems in place prior to offences - risk to safety and foreseeability of the risk - general deterrence - specific deterrence - consequences - remedial steps available prior to offences - respective roles of defendant and other parties not prosecuted in relation to the circumstances giving rise to the offences - whether corporate structure may impact on penalty - subjective factors considered - totality - Orders: conviction, penalty and costs.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000

Cahill v State of New South Wales (Department of Community Services) (No 3) [2008] NSWIRComm 123 Crown in Right of the State of New South Wales (Department of Education and Training) v Keenan (2005) 105 IR 181 Department of Mineral Resources (Chief Inspector Mackenzie) v Berrima Coal Pty Ltd and Another (2001) 105 IR 348 Inspector Stephen Cooper v Rail Infrastructure Corporation [2008] NSWIRComm 92 CASES CITED: Inspector Stephen Cooper v Franklin Alden Coveney [2008] NSWIRComm 80 Riley v Australian Grader Hire (2001) 105 IR 143 WorkCover Authority of NSW (Inspector Egan) v ATCO Controls Pty Limited (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Constructions Australia (2002) 123 IR 121 WorkCover Authority (NSW) (Inspector Jones) v Challita (2006) 153 IR 409 WorkCover Authority (NSW) v Lyndhurst (2000) 95 IR 462