Inspector Christensen v Hardacre & Lower River Tyre Centre Pty Ltd [2011] NSWIRComm 172

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Christensen v Hardacre & Lower River Tyre Centre Pty Ltd [2011] NSWIRComm 172 Hearing dates: 28 November 2011 Decision date: 16 December 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) Each of the defendants is found guilty of the offence charged and is convicted accordingly. 2) A monetary penalty of $160,000 is imposed on Lower River Tyre Centre Pty Ltd and of $10,000 on Anthony Paul Hardacre with a moiety in each case to the prosecutor. 3) The defendants are to pay the costs of the prosecutor in an amount assessed in default of agreement in the proportion that the penalty imposed upon each of them bears to the aggregate of the penalties imposed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 - personal defendant deemed guilty of same offence by virtue of s 26 - early guilty pleas - appropriate penalty - objective seriousness - serious breach - inadequate site induction - inadequate training - inadequate supervision - failure to provide basic equipment - general and specific deterrence - remorse and contrition - cooperation with the WorkCover Authority - penalties imposed Legislation Cited: Occupational Health and Safety Act 2000 - s 8(1), s 26 Category: Principal judgment Parties: Inspector Madeline Christensen of WorkCover Authority of New South Wales (Prosecutor) Anthony Paul Hardacre (First Defendant) Lower River Tyre Centre Pty Ltd (Second Defendant) Representation: Ms M McCarthy of counsel (Prosecutor) Mr S Hickey of counsel (First and Second Defendants) Legal Group, WorkCover Authority of New South Wales (Prosecutor) David Nelmes & Associates (First and Second Defendants) File Number(s): IRC 743 of 2011 IRC 744 of 2011