Inspector Hinton v Waterway Constructions Maintenance Pty Ltd [2011] NSWIRComm 132

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hinton v Waterway Constructions Maintenance Pty Ltd [2011] NSWIRComm 132 Hearing dates: 19 September 2011 Decision date: 30 September 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) The defendant is convicted of the offence. (2) The defendant is fined the sum of $130,000 with a moiety to the prosecutor. (3) The defendant shall pay the prosecutor's costs as agreed or as assessed. Failing agreement, costs may be referred to the Registrar for assessment. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Prosecution for breach of s 8(2) of Occupational Health and Safety Act 2000 - Guilty plea - Fatality - Truck driver killed when hit by arm of excavator during loading of truck in defendant's premises - Failure to ensure that systems of work for persons who were not its employees whilst undertaking tasks associated with the loading and unloading of trucks at the defendant's premises were safe and without risks to health - Failure to provide adequate information, instruction and training to persons who were not its employees necessary to ensure their health and safety whilst undertaking tasks associated with the loading and unloading of trucks in the defendant's premises - Sentencing considerations - Objective seriousness - Subjective factors - Penalty imposed - Costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminum Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; (2000) 99 IR 29 Inspector Williams v H P Woods (Holding) Pty Ltd [2011] NSWIRComm 114 Category: Principal judgment Parties: Inspector Jamie Hinton (Prosecutor) Waterway Constructions Maintenance Pty Ltd (Defendant) Representation: C Magee of counsel (Prosecutor) B Hodgkinson SC (Defendant) WorkCover Authority of New South Wales (Prosecutor) Pigott Stinson Lawyers (Defendant) File Number(s): IRC 1493 of 2010