Inspector Hall v H Hassarati & Co Pty Ltd and Hassarati [2011] NSWIRComm 145

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hall v H Hassarati & Co Pty Ltd and Hassarati [2011] NSWIRComm 145 Hearing dates: 23 September 2011 Decision date: 02 November 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) The defendant Paul John Hassarati is found guilty of the offence with which he is charged and convicted accordingly. 2) A monetary penalty is imposed on the defendant H Hassarati & Co Pty Ltd of $175,000 and upon Paul John Hassarati of $7,500, with a moiety in each case to the prosecutor. 3) The defendants are to pay the costs of the prosecutor in an amount assessed under the Legal Profession Act in default of agreement, in the proportion that the penalty imposed upon each of them bears to the totality of the costs so assessed or agreed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant deemed guilty of the same offence by virtue of s 26(1) - early guilty pleas - regard had to occupational health and safety obligations - objective seriousness - serious breach - general and specific deterrence - contrition and remorse - application under s 10 - ultimate financial burden will be borne by personal defendant - prior conviction - orders made Legislation Cited: Crimes (Sentencing Procedure) Act 1999 - s 10 Occupational Health and Safety Act 2000 - s 8(2), s 26 Cases Cited: Schultz v Tamworth City Council (1995) 58 IR 221 WorkCover Authority v Waugh (1995) 59 IR 89 Category: Principal judgment Parties: Inspector Craig Hall of WorkCover Authority of New South Wales (Prosecutor) H Hassarati & Co Pty Ltd (First defendant) Paul John Hassarati (Second Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr J Glissan QC (First and second defendants) Legal Group, WorkCover Authority of New South Wales (Prosecutor) Alexanders Lawyers (First and second defendants) File Number(s): IRC 1310 of 2010 IRC 1313 of 2010