Inspector Hoare v Pridham [2011] NSWIRComm 103

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hoare v Pridham [2011] NSWIRComm 103 Hearing dates: 16 March 2011 Decision date: 10 August 2011 Before: Backman J Decision: (1) The defendant is found guilty of the offence. (2) Without proceeding to conviction, the defendant is discharged under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 on condition that the defendant enter into a good behaviour bond for a term of 18 months subject to the following further conditions: (a) during the term of the bond the defendant will be of good behaviour; (b) the defendant will appear before the Court if called upon to do so at any time during the term of the bond. (3) The defendant is to pay the reasonable costs of the prosecutor as agreed or in the absence of agreement as assessed. Catchwords: Occupational Health and Safety Act 2000 (the Act) - plea of guilty to an offence under s 8(1) of the Act - defendant a managing partner of a business which manufactured fibreglass tanks at a factory in Leeton - two workers suffer crush injuries at the Leeton factory when a suspended inverted fibreglass tank falls from its support trapping them inside the tank - hazardous chemicals in use in a confined space (interior of the tank) - a new and unsafe method of work devised and implemented without the defendant's knowledge - new method was a substantial departure from an established and otherwise safe work method at the factory - offence objectively serious although not at high end of culpability - defendant unlikely to re-offend - early plea - no prior convictions - ill-health of defendant taken into account - system of supervision in force at the factory at time of the offence - demonstrated remorse - post-incident measures - co-operation with WorkCover - assistance to injured workers - defendant's good citizenship - section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 applied for and granted - orders - costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT (No 2) [2003] NSWIRComm 7; (2003) 122 IR 199 Inspector Stephen Cooper v Kwik-Seal Pty Ltd and anor [2006] NSWIRComm 48 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Category: Principal judgment Parties: Inspector Brett Hoare (Prosecutor) Gordon James Pridham (Defendant) Representation: Mr I Taylor (of counsel) (Prosecutor) Mr A Moses SC with Mr B Miles ( of counsel) (Defendant) Legal Group WorkCover Authority NSW (Prosecutor) Berry Buddle Wilkins (Defendant) File Number(s): IRC 915 of 2009