Inspector Mayell v Ivanovski and Global Crown Constructions Pty Limited [2009] NSWIRComm 49

Industrial Court of New South Wales

CITATION: Inspector Mayell v Ivanovski and Global Crown Constructions Pty Limited [2009] NSWIRComm 49

PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANTS Borce Ivanovski Global Crown Constructions Pty Limited

FILE NUMBER(S): IRC 1469; 1470 of 2008

CORAM: Marks J

CATCHWORDS: OHS prosecution - concurrent proceedings - first defendant sole director and sole shareholder of second defendant - guilty pleas - penalty - defendants were conscious of safety problems associated with working on roof - range of measures were taken to minimise risk of injury - some carelessness and inattentiveness on the part of the deceased - totality of work situation - defendants utilised comprehensive safety systems - made available a range of safety equipment - serious offence, although not at highest level - general deterrence and impact on defendants - mitigating factors - guilty plea at earliest opportunity - expression of remorse and contrition - no prior convictions - co-operated with investigation - financial circumstances of defendant - appropriate to apply provisions of the Fines Act - ultimately, the burden of the financial penalty falls on individual defendant - each defendant found guilty - penalty imposed on both defendants

LEGISLATION CITED: Fines Act 1996 s6 Occupational Health and Safety Act 2000 s10, s26

CASES CITED: Inspector Trotter v BBC Hardware Limited and Bunnings Group Limited [2008] NSWIRComm 232 McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353