Inspector Wade v Goldspring's Earthmoving Pty Ltd [2011] NSWIRComm 106

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Wade v Goldspring's Earthmoving Pty Ltd [2011] NSWIRComm 106 Hearing dates: 4 April 2011 Decision date: 12 August 2011 Jurisdiction: Industrial Relations Commission Before: Backman J Decision: (1) In IC 2051 of 2008, the Court orders that Goldspring's Earthmoving Pty Ltd is convicted of the offence and fined $105,000 with a moiety to the prosecutor. (2) In IRC 2052 of 2008, the Court orders that Fred Goldspring & Sons Pty Ltd is convicted of the offence and fined $84,000 with a moiety to the prosecutor. (3) In IC 2053 of 2008, the defendant, Peter Michael Goldspring, is convicted of the offence and fined $4,375 with a moiety to the prosecutor. (4) In IC 2054 of 2008, the defendant, Peter Michael Goldspring, is convicted of the offence and fined $4,375 with a moiety to the prosecutor. (5) In IC 2051 of 2008, IRC 2052 of 2008, IC 2053 of 2008, and IC 2054 of 2008, the defendants are to pay the reasonable costs of the prosecutor, as agreed or assessed. Catchwords: Occupational Health and Safety Act 2000 (the Act) - pleas of guilty to offences under the Act by the two corporate defendants and the individual defendant - defendants carried on business providing earthmoving services and equipment and heavy haulage services and equipment in the transport and construction industry - a worker at a construction site suffers a serious injury following a collision with an excavator being operated by an employee of Earthmoving and owned by Goldspring & Sons - offences objectively serious - subjective factors considered - respective roles and culpabilities of defendants and other entities operating at the site considered - totality applied to the two charges brought against the individual defendant - orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Cases Cited: 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 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Limited and Another (No 2) (2000) 99 IR 163 Category: Principal judgment Parties: Inspector Paul Wade (Prosecutor) Fred Goldspring & Sons Pty Ltd (Defendant) Goldspring's Earthmoving Pty Ltd (Defendant) Peter Michael Goldspring (Defendant) Representation: Mr M Cahill (of counsel) (Prosecutor) Mr M Easton (of counsel) (Defendants) Criminal Law Practice Legal Group WorkCover Authority NSW (Prosecutor) Catalyst Legal (Defendants) File Number(s): IC 2051 of 2008 IRC 2052 of 2008 IC 2053 of 2008 IC 2054 of 2008