NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Wolf v Port Kembla Copper Pty Limited [2006] NSWIRComm 341
Prosecutor: Inspector Ross Wolf PARTIES: Defendant: Port Kembla Copper Pty Limited
FILE NUMBER(S): IRC 2904 and 2905 of 2004
CORAM: Backman J
CATCHWORDS: Occupational health and safety - pleas of guilty to two offences under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 - incident at defendant's copper smelting plant when molten copper flowed from a furnace onto water below and caused a series of phreatic (steam) explosions - no serious injuries - defendant had comprehensive and impressive systems of safety implemented at the plant although the systems were deficient in some respects - risk to safety (from steam explosion) was known and obvious - general deterrence considered - specific deterrence considered - availability of simple remedial measures considered - potential or likely consequences of defendant's failures considered - prior convictions - significance of subsequent offence considered - early pleas of guilty - utilitarian principle applied - good corporate citizenship considered - cooperation - contrition - totality - 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; 99 IR 29 Crown in Right of the State of New South Wales (Department of Education and Training) v Keenan (2005) 105 IR 181 Graincorp Operations Limited v Inspector Mason [2006] NSWIRComm 304 Inspector Marilyn Lewis v Northern Sydney and Central Coast Area Health Service [2006] NSWIRComm 61 CASES CITED: Inspector Stephen Charles v Port Kembla Copper Pty Limited [2005] NSWIRComm 54 Maddaford v CSR Limited and Mulgoa Quarries [2004] NSWIRComm 337 Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 South Sydney Junior Rugby League Club Limited v WorkCover Authority of NSW (Inspector Bestre) (2005) 142 IR 373 WorkCover Authority of New South Wales (Inspector Kelsey) v The University of Sydney [1997] NSWIRComm 44
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