Inspector Hutchinson v Tankworld Australia Pty Ltd [2012] NSWIRComm 66

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hutchinson v Tankworld Australia Pty Ltd [2012] NSWIRComm 66 Hearing dates: 2 July 2012 Decision date: 05 July 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a) in relation to the defendant, Tankworld Australia Pty Ltd: (i) the defendant, Tankworld Australia Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in Matter No IRC 60 of 2012 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $110,000 with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as assessed. (b) in relation to the defendant, John Andrew Rodgers Falk: (i) the defendant, John Andrew Rodgers Falk, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 by operation of s 26(1) of that Act as particularised in the Amended Application for Order in Matter No IRC 64 of 2010 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $11,000 with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1), s 26(1) - use of highly inflammable substance in cleaning steel tanks - confined space - fumes ignited by electric buffer - pleas of guilty entered - substantial failure of safety system - serious breach established - general and specific deterrence considered - subjective factors - first offences - early pleas entered -penalties 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) 239 CLR 531 Category: Principal judgment Parties: Inspector Michael Hutchinson (Prosecutor) Tankworld Australia Pty Ltd (Defendant in 10/60) John Andrew Rodgers Falk (Defendant in 10/64) Representation: Mr M Scott of counsel (Prosecutor) Mr G Boyce of counsel (Defendants in 10/60 and 10/64) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Cahills Solicitors (Defendants in 10/60 and 10/64) File Number(s): IRC 60 of 2010 IRC 64 of 2010