Inspector Hamilton v Parsons Brinckerhoff Australia Pty Limited [ACN 078 004 798] [2012] NSWIRComm 28

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hamilton v Parsons Brinckerhoff Australia Pty Limited [ACN 078 004 798] [2012] NSWIRComm 28 Hearing dates: 16/11/2011 Decision date: 13 April 2012 Before: Backman J Decision: (1) Parsons Brinckerhoff Australia Pty Limited (the defendant) is convicted of the offence and fined $105,000 with a moiety to the prosecutor. (2) The defendant is to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - plea of guilty entered to an offence under s 8(1) of the Act - defendant was engaged as the design consultant to design the Lane Cove Tunnel and associated works - the tunnel collapsed in an area referred to as the intersection of two tunnels (MC5B and MCAA) while workers were carrying out excavation works - no worker was physically injured during the collapse - the risks of tunnel collapse and falling rock were obvious, very serious and reasonably foreseeable - the defendant was on notice of the risks because of access to documentation which revealed deteriorating geological conditions in the area - consequences to workers working in the area were serious - simple and obvious measures were available to avert or avoid the risks - deterrence - maximum penalty - mitigating factors - no assessment of defendant's culpability by reference to other entities prosecuted in relation to the tunnel collapse - orders Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Inspector Hamilton v Thiess Pty Ltd [ACN 010 221 486] [2012] NSWIRComm 26 John Holland Pty Ltd v Industrial Court of New South Wales; Parsons Brinckerhoff (Australia) Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338; (2010) 202 IR 82 Category: Principal judgment Parties: Inspector Nathan Hamilton (Prosecutor) Parsons Brinckerhoff Australia Pty Limited (Defendant) Representation: Mr J Agius, SC with Mr R Reitano and Mr B Docking of counsel (Prosecutor) Mr B Hodgkinson, SC with Mr D Jordan of counsel (Defendant) WorkCover Authority of New South Wales (Prosecutor) Middletons (Defendant) File Number(s): IRC 1993 of 2007