Inspector Duncan v Built NSW Pty Ltd [2012] NSWIRComm 5

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Duncan v Built NSW Pty Ltd [2012] NSWIRComm 5 Hearing dates: 15 December 2011, 17 February 2012 Decision date: 27 February 2012 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) The defendant is found guilty of the offence with which it is charged and convicted accordingly. 2) A monetary penalty of $115,000 is imposed with a moiety to the prosecutor. 3) The defendant is to pay the costs of the prosecutor assessed in default of agreement. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - objective seriousness - reliance on expertise of contractor and subcontractor - failure to detect deficiency in contractors' work - current industry standards - serious commitment to occupational health and safety - general and specific deterrence - remorse and contrition - cooperation with the WorkCover Authority - good corporate citizen - no prior convictions - penalties imposed Legislation Cited: Occupational Health and Safety Act 2000 - s 8(2) Category: Principal judgment Parties: Inspector Michael Duncan of WorkCover Authority of New South Wales (Prosecutor) Built NSW Pty Ltd (Defendant) Representation: Mr R Reitano of counsel (Prosecutor) Ms W Thompson of counsel (Defendant) Legal Group, WorkCover Authority of New South Wales (Prosecutor) Norton Rose Australia (Defendant) File Number(s): IRC 178 of 2011