Inspector Dugdale v Fluid Tech Hydraulics Pty Ltd (No 2) [2011] NSWIRComm 88

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Dugdale v Fluid Tech Hydraulics Pty Ltd (No 2) [2011] NSWIRComm 88 Hearing dates: 11 November 2010, 10 February, 14 & 20 June 2011 Decision date: 07 July 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) A penalty of $95,000 is imposed on Fluid Tech Hydraulics Pty Ltd with a moiety to the prosecutor. 2) The prosecutor is to pay the reasonable costs of the defendant incurred in the litigation of the discrete issue concerning particular (f) assessed in default of agreement. Otherwise, the defendant is to pay the costs of the prosecutor, assessed in default of agreement. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 11(1)(a) of the Occupational Health and Safety Act 2000 - defendant entered an early guilty plea to amended application for order - appropriate penalty - objective seriousness - relative culpability - general and specific deterrence - commitment to occupational health and safety obligations - no prior convictions - whether affidavit is genuine expression of remorse and contrition - cooperation with the WorkCover Authority - costs and moiety principles - Victim Impact Statement - penalty imposed - orders made Legislation Cited: Fines Act 1996 - s 6 Occupational Health and Safety Act 2000 - s 11(1)(a) Cases Cited: Inspector James v Ryan (No 2) [2010] NSWIRComm 63 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Category: Principal judgment Parties: Inspector Edward Dugdale of WorkCover Authority of New South Wales (Prosecutor) Fluid Tech Hydraulics Pty Ltd (Defendant) Representation: Mr R Reitano of counsel (Prosecutor) Mr J Fernon SC with Mr T Boyd of counsel (Defendant) Criminal Law Practice Legal Group, WorkCover Authority of New South Wales (Prosecutor) Herbert Weller, Solicitor (Defendant) File Number(s): IRC 1482 of 2008