The GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) v WorkCover Authority of New South Wales [2011] NSWIRComm 14

Industrial Relations Commission New South Wales Medium Neutral Citation: The GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) v WorkCover Authority of New South Wales [2011] NSWIRComm 14 Hearing dates: 14 February 2011 Decision date: 03 March 2011 Jurisdiction: Industrial Court of NSW Before: Boland P, Walton VP, Staff J Decision: 1. In the event that leave to appeal is required, leave is granted. 2. The appeal is upheld to the extent determined in this decision. 3. The matter of sentence is referred back to Chief Industrial Magistrate Hart for the purpose of re-sentencing in the light of this decision. 4. The appellant shall have 14 days from the date of this decision to file and serve written submissions on costs, with the respondent having a further 14 days in which to respond. Costs shall be determined on the papers unless a party wishes to be heard orally. Catchwords: APPEAL - Occupational health and safety - Prosecution of a correctional centre for contravention of s 8(2) of the Occupational Health and Safety Act 2000 - Amputational injury to thumb of inmate - Correctional centre found guilty in Chief Industrial Magistrates Court - Whether correctional centre could be liable for injury to inmate - Whether Chief Industrial Magistrate (CIM) erred in rejecting appellant's defence under s 28(b) of Occupational Health and Safety Act - Whether charge was invalid by reason of the failure of the prosecution to plead the measures the appellant should have taken to avoid the risk of injury - Whether sentence was manifestly excessive - Second and third particulars did fail to specify the measures the appellant should have taken to avoid the risk of injury - Held that CIM erred in finding second and third particulars of charge were made out - Matter remitted to CIM