JT & LC Tippett Pty Limited and RD & LF Tippett Pty Limited v WorkCover Authority of New South Wales [2008] NSWIRComm 177

Industrial Court of New South Wales

CITATION: JT & LC Tippett Pty Limited and RD & LF Tippett Pty Limited v WorkCover Authority of New South Wales [2008] NSWIRComm 177

APPELLANTS JT & LC Tippett Pty Limited PARTIES: RD & LF Tippett Pty Limited

RESPONDENT WorkCover Authority of New South Wales

FILE NUMBER(S): IRC 7 of 2008

CORAM: Walton J Acting President; Haylen J; Staff J

CATCHWORDS: Occupational Health & Safety - Appeal against conviction and sentence - Employee suffered serious injuries when cleaning rotating rollers on a machine - Conviction for failure to provide and maintain a safe system of work and failure to provide adequate instructions to employees - Whether particulars of the charge put appellants on notice that system of work was unsafe - Whether system of work unsafe because it allowed for the invovlement of multiple employees - Whether trial judge's approach to sentencing was correct - Held - Particulars of the charge broad enough to put appellants on notice of what was the unsafe system - System of work unsafe because it allowed for the invovlement of multiple employees - Trial judge erred in sentencing - Two entities were in partnership - Essentially in law one employer entity - Partnership - Application of the principle of totality - Resentencing - Penalty imposed - Appeal upheld in part - Costs - Section 8 of the Occupational Health & Safety Act 2000

Criminal Appeal Act 1912 (NSW) LEGISLATION CITED: Industrial Relations Act 1996 (NSW) Occupational Health & Safety Act 2000 (NSW) Partnership Act 1892