Inspector North v Smith [2011] NSWIRComm 144

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector North v Smith [2011] NSWIRComm 144 Hearing dates: 17 October 2011 Decision date: 02 November 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) The proceedings brought against the defendant under s 8(1) of the Occupational Health and Safety Act 2000 are dismissed. 2) The defendant, Edward John Smith, is found guilty of the offence under s 9 with which he is charged and convicted accordingly. 3) A monetary penalty of $5,000 is imposed on the defendant, Edward John Smith, with a moiety to the prosecutor. 4) Costs are reserved with liberty to apply. If the parties are able to reach agreement on costs, orders will be made in chambers reflecting that agreement. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 9 of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - objective seriousness - inadequate safety procedures - relative culpability - no prior convictions -cooperation with the WorkCover Authority - contrition and remorse - orders made - costs reserved Legislation Cited: Occupational Health and Safety Act 2000 - s 9 Cases Cited: Inspector North v Watt and Suncoast Formwork Pty Ltd [2011] NSWIRComm 93 Inspector Ochoa v Williams [2010] NSWIRComm 93 Category: Principal judgment Parties: Inspector Steven North of WorkCover Authority of New South Wales (Prosecutor) Edward John Smith (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr M Boulton of counsel (Defendant) Legal Group, WorkCover Authority of New South Wales (Prosecutor) McNamara James & O'Connor Solicitors (Defendant) File Number(s): IRC 235 of 2010