The GEO Group Australia Pty Ltd v WorkCover Authority of New South Wales (Inspector Hannah) (No 3) [2012] NSWIRComm 34

Industrial Relations Commission New South Wales Medium Neutral Citation: The GEO Group Australia Pty Ltd v WorkCover Authority of New South Wales (Inspector Hannah) (No 3) [2012] NSWIRComm 34 Hearing dates: 3 April 2012 (Written submissions 17 April 2012) Decision date: 27 April 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President, Haylen J, Backman J Decision: (1) To the extent necessary, leave to appeal is granted. (2) The appeal is dismissed. (3) Costs of this appeal reserved. The parties to file and serve written submissions regarding the costs of the appeal, if so advised. Catchwords: APPEAL - OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2) - prosecution of correctional centre - inmate suffers partial amputation of thumb while operating unguarded Bench Press used for bending sheet metal - original proceedings before Chief Industrial Magistrate - Full Court on earlier appeal finds two particulars invalid but offence established on remaining particular - matter remitted to Chief Industrial Magistrate for re-sentencing on remaining particular - on re-sentencing Chief Industrial Magistrate finds original penalty of $65,000 (reduced to $55,000) appropriate - no alteration made to original costs order - further appeal by defendant - Held: Chief Industrial Magistrate erred in not reducing penalty when only one particular remained for consideration - effective penalty of $55,000 within range for offence of this nature - no alteration to costs orders warranted - to extent necessary leave to appeal granted - appeal dismissed.

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2) - prosecution of correctional centre - inmate suffers partial amputation of thumb while operating unguarded Bench Press used for bending sheet metal - original proceedings before Chief Industrial Magistrate - Full Court on earlier appeal finds two particulars invalid but offence established on remaining particular - matter remitted to Chief Industrial Magistrate for re-sentencing on remaining particular - on re-sentencing Chief Industrial Magistrate finds original penalty of $65,000 (reduced to $55,000) appropriate - no alteration made to original costs order - further appeal by defendant - Held: Chief Industrial Magistrate erred in not reducing penalty when only one particular remained for consideration - effective penalty of $55,000 within range for offence of this nature - no alteration to costs orders warranted - to extent necessary leave to appeal granted - appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Beacham v Interface Manufacturing Pty Ltd (2005) 141 IR 416; [2005] NSWIRComm 123 Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 17 The GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) v WorkCover Authority of New South Wales [2011] NSWIRComm 14 GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) v WorkCover Authority of New South Wales (2009) 181 IR 390; [2009] NSWIRComm 15 The GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) v WorkCover Authority of New South Wales (No 2) [2011] NSWIRComm 67 Hansen Yuncken Pty Ltd v Costopoulos (No 2) (2005) 138 IR 118; [2005] NSWIRComm 52 Inspector Stuart Larkin v South Pacific Seeds Pty Ltd [2006] NSWIRComm 247 Kennett and anor v Mayrana Pty Ltd and ors (No 14) [2010] NSWIRComm 64 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddick v Vadarlis [2001] FCA 1867; (2001) 115 FCR 234 Thiess Pty Ltd v WorkCover Authority (NSW) (Inspector Jones) (2009) 184 IR 406; [2009] NSWIRComm 77 U-RECT-IT Pty Ltd v WorkCover Authority of New South Wales (Inspector De Silva) [2004] NSWIRComm 266 Category: Principal judgment Parties: The GEO Group Australia Pty Ltd t/as Junee Correctional Centre (Appellant) WorkCover Authority of New South Wales (Inspector Ian Hannah) (Respondent) Representation: Mr A Moses SC with Mr Y Shariff of counsel (Appellant) Mr S Crawshaw SC with Mr D O'Neil of counsel (Respondent) Berry Buddle Wilkins Lawyers (Appellant) DLA Piper (Respondent) File Number(s): IRC 1861 of 2011 Decision under appeal Citation: WorkCover Authority of New South Wales (Inspector Hannah) v The GEO Group Australia Pty Ltd (t/as Junee Correctional Centre) Date of Decision: 2011-11-18 00:00:00 Before: Chief Industrial Magistrate Hart File Number(s): 20173945/06/2 (Justice Link No 2006/38446-001