Inspector Bultitude v Eagles [2012] NSWIRComm 139

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Bultitude v Eagles [2012] NSWIRComm 139 Hearing dates: 24 May 2012, 22 November 2012 Decision date: 04 December 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: A In relation to Glen Robert Eagles: (i) the defendant, Glen Robert Eagles, is found guilty of a breach of s 8 (2) of the Occupational Health and Safety Act 2000 by operation of s 26(1) of that Act as particularised in Matter IRC 253 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $9500 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 ordered by the Court. B In relation to Lenara Pty Ltd: (i) the defendant, Lenara Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in Matter IRC 256 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $95,000 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 ordered by the Court. C In relation to Anthony James Durheim: (i) the defendant, Anthony James Durheim, 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 Matter IRC 255 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $9500 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 ordered by the Court. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1), s 8(2), s 26(1) - work being performed from scaffolding on construction site - scaffolding used by sub-contractors - sub-contractor removes ledger support to enable work to be performed in confined space - ledger not replaced - next sub-contractor to use scaffolding falls when work platform collapses because of absence of ledger support - requirement for weekly inspection of scaffolding - no inspections carried out - unqualified persons prohibited from adjusting or altering scaffolding - scaffolding altered on two occasions by unqualified person - serious injuries received in fall - guilty pleas entered by three defendants - offences found against construction manager, painting company sub-contractor and its director - serious breach - general and specific deterrence - subjective factors - early pleas entered - fines imposed Legislation Cited: Occupational Health and Safety Act 2000 ` Sentencing Act 1989 Category: Principal judgment Parties: Inspector Rick Bultitude (Prosecutor) Glen Robert Eagles (Defendant in 11/253) Anthony James Durheim (Defendant in 11/255) Lenara Pty Ltd (Defendant in 11/256) Representation: M Magee of counsel (Prosecutor) Ms P Kerr of counsel (Defendant in 11/253) Mr K Pierce of counsel (Defendants in 11/255 and 11/256) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Budd & Piper, Solicitors (Defendants in 11/255 and 11/256) File Number(s): IRC 253 of 2011 IRC 255 of 2011 IRC 256 of 2011