Inspector Hall v BU Hazardous Material Removal and Demolition Pty Ltd and Ung [2011] NSWIRComm 146

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hall v BU Hazardous Material Removal and Demolition Pty Ltd and Ung [2011] NSWIRComm 146 Hearing dates: 7 October 2011 Decision date: 02 November 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) A monetary penalty of $300,000 is imposed on BU Hazardous Material Removal and Demolition Pty Ltd and of $30,000 on Bo Ung, with a moiety in each case to the prosecutor. 2) The defendants are to pay the costs of the prosecutor in an amount assessed in default of agreement in such proportion that the respective penalties imposed upon each of them bears to the totality of the costs. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant deemed guilty by s 26(1) - objective seriousness - early guilty pleas - appropriate penalty - serious offence - general and specific deterrence - cooperation with the WorkCover Authority - inadequate safety procedures - remorse and contrition - Victim Impact Statement - no prior convictions - penalties imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 - s 8, s 26(1) Category: Principal judgment Parties: Inspector Craig Hall of WorkCover Authority of New South Wales (Prosecutor) BU Hazardous Material Removal and Demolition Pty Ltd (First Defendant) Bo Ung (Second Defendant) Representation: Mr C Magee of counsel (Prosecutor) Legal Group, WorkCover Authority of New South Wales (Prosecutor) Mr B O'Donnell of KP O'Donnell & Associates (Second Defendant) File Number(s): IRC 1311 of 2011 IRC 1312 of 2011