NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Ching) v Exo Pty Ltd t/as Tibby Rose Auto [2006] NSWIRComm 28
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Exo Pty Ltd t/as Tibby Rose Auto
FILE NUMBER(S): 5013 of 2001
CORAM: Marks J
CATCHWORDS: OH&S Act - penalty - finding of guilt - no prior convictions - objective seriousness of offence - general and specific deterrence - additional expenditure required to comply with OH&S legislation - expression of remorse - steps taken to prevent future incidents - fine imposed.
LEGISLATION CITED: Fines Act 1996 s 6 Occupational Health and Safety Act 1983 s15(1)
CASES CITED: Inspector Ching v Bros Bins Sytsems Pty Ltd, Inspector Ching v Exo Pty Ltd t/as Tibby Rose Auto [2004] NSWIRComm 197
HEARING DATES: 28/06/2005; 06/02/2006
DATE OF JUDGMENT: 02/23/2006
PROSECUTOR Mr R Reitano of counsel Solicitor: Ms R Parmegiani WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT Solicitor: Mr K Spencer Spencer, Whitby & Co Solicitors
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J Thursday 23 February 2006
Matter No IRC 5013 of 2001
INSPECTOR BARNABAS CHING v EXO PTY LTD t/as TIBBY ROSE AUTO
Prosecution under s.15(1) of the Occupational Health and Safety Act 1983
JUDGMENT RE PENALTY [2006] NSWIRComm 28
1 In a judgment published on 9 September 2004, the defendant, Exo Pty Ltd trading as Tibby Rose Auto, was found guilty of a breach of s 15(1) of the Occupational Health and Safety Act 1983 ("the Act") following a prosecution by Inspector Barnabas Ching of the WorkCover Authority of New South Wales ([2004] NSWIRComm 197). I shall not repeat the factual circumstances which led to the bringing of the prosecution and which were relied upon as relevant to the finding of guilt. 2 I repeat, however, the findings which I made against the defendant, which are contained within paragraph [44] of my judgment: "[44]… As to Exo Pty Ltd I find that on 22 November 1999:
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