NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Gill v Liana Park Pty Ltd [2006] NSWIRComm 348
Prosecutor: Inspector Stephen Gill PARTIES: Defendant: Liana Park Pty Ltd
FILE NUMBER(S): IRC 485 of 2005
CORAM: Backman J
CATCHWORDS: Occupational health and safety - plea of guilty to an offence under s 8(1) of the Occupational Health and Safety Act 2000 - defendant a labour hire company - incident at host employer's freight terminal when worker's clothing became entangled in moving parts of machinery - serious injuries - defendant had restricted access to workplace - principles in relation to labour hire companies considered - risk to safety was risk of workers' clothing becoming entangled or entrapped in machinery - risk to safety was reasonably foreseeable - general and specific deterrence considered - availability of remedial measures considered - gravity of breach and likely consequences considered - culpability of defendant considered by reference to culpability of host employer prosecuted in relation to the same incident - no prior convictions - early plea of guilty - contrition, remorse - assistance to accident victim - cooperation with authorities - frank acknowledgment by defendant of its responsibilities towards workers - insufficient evidence upon which to assess defendant's capacity to pay a fine - penalty - orders - costs.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Daly Smith Corporation (Aust) Pty Ltd and Anor v WorkCover Authority of New South Wales (Inspector Mansell) (2006) 151 IR 173 Drake Personnel Ltd t/a Drake Industrial v WorkCover Authority (Inspector Ch'ng) (1999) 90 IR 432 Inspector Gill v Qantas Airways Limited [2005] NSWIRComm 326 CASES CITED: Maddaford v CSR and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 R v Thompson; R v Houlton (2000) 49 NSWLR 383; 115 A Crim R 104 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Anor (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Legge) v Coffey Engineering Pty Limited (No 2) (2001) 110 IR 447
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