Robert William Regan v Perilya Broken Hill Limited [2011] NSWIRComm 13

Industrial Relations Commission New South Wales Medium Neutral Citation: Robert William Regan v Perilya Broken Hill Limited [2011] NSWIRComm 13 Hearing dates: 12 November 2010 Decision date: 02 March 2011 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: (1) Perilya Broken Hill Limited (the defendant) is convicted of the offence and fined $115,000 with a moiety to the prosecutor. (2) The defendant is to pay the prosecutor an amount of $5,974.80, being the reasonable costs of the investigation. (3) The defendant is to pay the reasonable costs of the prosecutor (such costs not to include the amount ordered to be paid in Order 2 above) as agreed or assessed. Catchwords: Occupational Health and Safety - offence under s 8(1) Occupational Health and Safety Act 2000 - plea of guilty - risk of falling from elevated walkway - systems in place prior to offence - other objective factors - subjective factors - orders - penalty imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 (NSW) Cases Cited: Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010); 239 CLR 531 R v Stambolis [2006] NSWCCA 56; (2006) 160 A.Crim.R 510 Rodney Morrison v Wambo Coal Pty Ltd [2004] NSWIRComm 189 Category: Principal judgment Parties: Robert William Regan (Prosecutor) Perilya Broken Hill Limited (Defendant) Representation: V Hartstein (Prosecutor) B Hodgkinson SC (Defendant) Crown Solicitor (Prosecutor) Sparke Helmore (Defendant) File Number(s): IRC 1706 of 2009