Inspector Cooper v Visy Pulp and Paper Pty Ltd [2011] NSWIRComm 136

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Cooper v Visy Pulp and Paper Pty Ltd [2011] NSWIRComm 136 Hearing dates: 21/06/2011 Decision date: 07 October 2011 Before: Backman J Decision: (1) Visy Pulp and Paper Pty Ltd (Visy) is convicted of the offence and fined $145,000 with a moiety to the prosecutor. (2) Visy is to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - offence under s 8(2) of the Occupational Health and Safety Act 2000 - plea of guilty - risk of falling through an open void in scaffolding - injured worker fell 12-14 metres through the void - objective factors considered - subjective factors considered - defendant's culpability by reference to other parties involved in the incident considered - orders - penalty imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Inspector Cooper v Allied Industrial Engineering Limited [Company No. 624453] [2011] NSWIRComm 131 R v Isaacs (1997) 41 NSWLR 374 Reg. v. O'Neill [1979] 2 NSWLR 582 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Principal judgment Parties: Inspector Stephen Cooper (Prosecutor) Visy Pulp and Paper Pty Ltd (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr P Skinner of counsel (Defendant) Criminal Law Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) Blake Dawson (Defendant) File Number(s): IRC 457 of 2010