Inspector North v Watt and Suncoast Formwork Pty Ltd [2011] NSWIRComm 93

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector North v Watt and Suncoast Formwork Pty Ltd [2011] NSWIRComm 93 Hearing dates: 1 July 2011 Decision date: 14 July 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) Each of the defendants is found guilty of the offence with which it and he is charged and convicted accordingly. 2) A monetary penalty of $125,000 is imposed on Suncoast Formwork Pty Ltd and of $12,500 is imposed on Gary James Watt, with a moiety in each case to the prosecutor. 3) The defendants are to pay the costs of the prosecutor in an amount assessed in default of agreement in the proportion that the respective penalties imposed upon each of them bears to the aggregate of the penalties so imposed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 by corporate defendant - personal defendant deemed guilty of same offence by virtue of s 26(1) - early guilty pleas - appropriate penalties - objective seriousness - general and specific deterrence - cooperation with the WorkCover Authority - remorse and contrition - no prior convictions - penalties imposed - orders made Legislation Cited: Occupational Health and Safety Act 2000 - s 8(2), s 26 Category: Principal judgment Parties: Inspector Steven North of the WorkCover Authority of New South Wales (prosecutor) Garry James Watt (defendant in IRC 233 of 2010) Suncoast Formwork Pty Ltd (defendant in IRC 234 of 2010) Representation: Mr C Magee of counsel (prosecutor) Mr M Barko of counsel (defendants) Criminal Law Practice, Legal Group WorkCover Authority of New South Wales (prosecutor) Beazley Singleton Lawyers (defendants) File Number(s): IRC 233 of 2010 IRC 234 of 2010