Inspector Regan v Delta Mining Pty Ltd [2011] NSWIRComm 107

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Regan v Delta Mining Pty Ltd [2011] NSWIRComm 107 Hearing dates: 11 July 2011 Decision date: 17 August 2011 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 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 $80,000 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, leave is granted to either party to approach the Court for final orders as to costs. In addition, the defendant shall pay the sum of $3,000 representing the costs arising from the investigation of the offence. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - section 8(1) of the Occupational Health and Safety Act 2000 - mining industry - collapse of scaffold - employee injured - objective seriousness - victim impact statement - respective roles and culpabilities of defendant and other entities operating at mine considered - parity - penalty imposed - COSTS Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminium Ltd v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610; (2000) 99 IR 29 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Inspector Gjaltema v Errington and MJ Baker Constructions Pty Ltd [2010] NSWIRComm 37 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92; (2009) 186 IR 125 Inspector Olive v Transfield Pty Limited [2001] NSWIRComm 295 Inspector Regan v King [2011] NSWIRComm 105 Inspector Sharpin v A Team Concrete (Aust) Pty Ltd [2004] NSWIRComm 182 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 Morrison v Powercoal Pty Ltd [2003] NSWIRComm 416; (2003) 130 IR 364 Postiglione v R (1997) 189 CLR 295 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383; (2000) A Crim R 104 R v Waqa (No 2) [2005] NSWCCA 33; (2005) 156 A Crim R 454 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Ltd (2000) 95 IR 383 Category: Principal judgment Parties: Ronald William Regan (Prosecutor) Delta Mining Pty Ltd (Defendant) Representation: Counsel Mr P Strickland SC with Mr D O'Neil of counsel (Prosecutor) Mr BD Hodgkinson SC with Mr D Jordan of counsel Solicitors Crown Solicitor's Office (Prosecutor) Middletons Lawyers (Defendant) File Number(s): IRC 1034 of 2008