Inspector Charles v Wollondilly Mobile Engineering Pty Ltd (In Liq) (No 2) [2011] NSWIRComm 28

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Charles v Wollondilly Mobile Engineering Pty Ltd (In Liq) (No 2) [2011] NSWIRComm 28 Hearing dates: 14 March 2011 Decision date: 25 March 2011 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: Matter No IRC 355 of 2009 1. The offence is proven and a verdict of guilty is entered. 2. The defendant is convicted of the offence, as charged. 3. The defendant is fined an amount of $100,000 with a moiety thereof to the prosecutor. 4. The defendant shall pay the prosecutor's costs of the proceedings in an amount as agreed, or if agreement cannot be reached, as assessed. Matter No IRC 356 of 2009 1. The offence is proven and a verdict of guilty is entered. 2. The defendant is convicted of the offence, as charged. 3. The defendant is fined an amount of $100,000 with a moiety thereof to the prosecutor. 4. The defendant shall pay the prosecutor's costs of the proceedings in an amount as agreed, or if agreement cannot be reached, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - prosecutions under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 - mobile engineering company - sawmilling industry - fire in shavings bin - employee suffered fatal injuries - objective seriousness - Australian Standard - general and specific deterrence - defendant pleaded not guilty - defendant in liquidation - no subjective factors apart from first offender - totality - parity - penalties imposed - COSTS Legislation Cited: Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Inspector Charles v Penrose Pine Products Pty Ltd (No 2) [2010] NSWIRComm 186 Inspector Charles v Wollondilly Mobile Engineering Pty Ltd [2010] NSWIRComm 187 Inspector Gregory Maddaford v Graham Gerard Coleman & Anor [2004] NSWIRComm 317; (2004) 138 IR 21 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 Postiglione v R (1997) 189 CLR 295 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Ltd [2000] NSWIRComm 277; (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Mulder) v Yass Shire Council [2000] NSWIRComm 57; (2000) 99 IR 284 Category: Principal judgment Parties: Inspector Steve Charles (Prosecutor) Wollondilly Mobile Engineering Pty Ltd (In Liq) (Defendant) Representation: Mr R Reitano (Prosecutor) WorkCover Authority of New South Wales