NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Gelonese v Marsters t-a Western City Construction [2010] NSWIRComm 11
PARTIES: Inspector Bruno Gelonese of WorkCover Authority of New South Wales (Prosecutor) Ariata Marsters (Defendant)
FILE NUMBER(S): IRC 176 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - objective seriousness - inadequate safety procedures - serious breach - injured worker - general deterrence - remorse and contrition - no prior convictions - penalties imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1)
HEARING DATES: 14 December 2009
DATE OF JUDGMENT: 11 February 2010
Mr M Scott of counsel (Prosecutor) Solicitor: LEGAL REPRESENTATIVES: Legal Group, WorkCover Authority of NSW
Ms A Marsters in person (Defendant)
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 11 February 2010
Matter No IRC 176 of 2009
Inspector Bruno Gelonese v Ariata Marsters trading as Western City Construction
Prosecution under s 8(1) of the Occupational Health and Safety Act 2000
JUDGMENT ON PENALTY
[2010] NSWIRComm 11
1 The defendant, Ariata Marsters, has been charged by the prosecutor, Inspector Bruno Gelonese of the WorkCover Authority of New South Wales, with a breach of s 8(1) of the Occupational Health and Safety Act 2000 ("the Act"). She has pleaded guilty to the charge and this judgment is concerned only with the question of penalty. 2 An agreed statement of facts was tendered into evidence, which is in the following terms: 1. At all material times the Prosecutor was an Inspector duly appointed under Division 1 of Part 5 of the Occupational Health and Safety Act 2000 ("the Act") and empowered under Section 106(1)(c) of the Act to institute proceedings in the within matter.
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