Inspector Christensen v Boom Logistics Ltd [2012] NSWIRComm 95

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Christensen v Boom Logistics Ltd [2012] NSWIRComm 95 Hearing dates: 27 July 2012 Decision date: 30 August 2012 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1.The offence is proven and a verdict of guilty is entered. 2.The defendant is convicted of the offence, as charged. 3.The defendant is fined an amount of $100,000 with a moiety thereof to the prosecutor. 4.The defendant shall pay the prosecutor's costs of the proceedings in an amount as agreed, or if agreement cannot be reached, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(2) of the Occupational Health and Safety Act 2000 - construction and replacement of railway track - use of 200 tonne mobile crane while crane under load - clips removed from rails - non-employee fatally injured and other non-employees seriously injured - general and specific deterrence - plea of guilty - good corporate citizen - penalty imposed - costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Cameron v R [2002] HCA 6; (2002) 209 CLR 339 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 at 646; 99 IR 29 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Inspector Christensen v Hebron Holdings Pty Limited (formerly known as Taylor Railtrack Pty Limited) [2012] NSWIRComm 31 Inspector Olive v Transfield Pty Limited [2001] NSWIRComm 295 Fletcher Construction Australia Ltd v WorkCover Authority of New South Wales (Inspector Fisher) (1999) 91 IR 66 Inspector Carmody v Consolidated Constructions Pty Ltd [2001] NSWIRComm 263; (2001) 109 IR 316 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92; (2009) 186 IR 125 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 Morrison v Power Coal Pty Limited (No 3) [2005] NSWIRComm 61 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Principal judgment Parties: Inspector Madeline Christensen (Prosecutor) Boom Logistics Ltd (Defendant) Representation: Counsel: Ms A Mitchelmore (Prosecutor) Ms P McDonald SC (Defendant) Solicitors: WorkCover Authority of New South Wales (Prosecutor) Freehills (Defendant) File Number(s): IRC 284 of 2011