Inspector Hoare v Visy Pulp and Paper Pty Ltd [2012] NSWIRComm 29

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hoare v Visy Pulp and Paper Pty Ltd [2012] NSWIRComm 29 Hearing dates: 2 April 2012 Decision date: 17 April 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a)the defendant, Visy Pulp and Paper Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Further Amended Application for Order to which it entered a plea of guilty; (b)the defendant is fined the sum of $170,000 with half that sum to be paid to the prosecutor by way of moiety; (c)the defendant is to pay the costs of the prosecutor in a sum agreed or, in the absence of agreement, as ordered by the Court Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - two employees sprayed with corrosive liquid and steam - employees receive extensive chemical thermal burns - guilty plea entered to Further Amended Application for Order - employer's detailed safety system not applied in several aspects - prior record results in higher penalty regime being applied - serious injuries indicative of risk - objectively serious offence established- general and specific deterrence considered - numerous subjective factors considered - early plea leads to substantial discount in penalty - penalty imposed Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1l; (2010) 239 CLR 531 Orkopoulos v R [2009] NSWCCA 213 Veen v R (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Inspector Brett Hoare v Visy Pulp and Paper Pty Ltd Representation: C Magee of counsel (Prosecutor) P Skinner of counsel (Defendant) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Ashurst Australia (Defendant) File Number(s): IRC 2048 of 2009