Inspector Pile v Rouland [2012] NSWIRComm 149

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Pile v Rouland [2012] NSWIRComm 149 Hearing dates: 10 December 2012 Decision date: 20 December 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: In relation to Rodney Rouland: (a) the defendant, Rodney Rouland, 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 IRC 201 of 2011, to which he entered a plea of guilty; (b) the defendant is fined the sum of $9000 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 as agreed or, in the absence of agreement, as ordered by the Court. In relation to Forbye Sutherland: (a) the defendant, Forbye Sutherland, is found guilty of a breach of s 9 of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in matter IRC 202 of 2011, to which he entered a plea of guilty; (b) the defendant is fined the sum of $9000 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 as agreed or, in the absence of agreement, as ordered by the Court Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8, s 9 - contractor and sub-contractor performing electrical upgrade work at vineyard - employee not licensed to work unsupervised - employee left to work alone - despite no live work policy employee undertakes work on live distribution board - employee electrocuted - serious breach found in each case - general and specific deterrence considered - numerous subjective factors taken into account - personal financial circumstances of each defendant examined - insufficient material to warrant significant reduction in penalty - ability for time to pay penalty noted - s 10 application not made out - penalties impose Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 NSW Apprenticeship and Trainee Act 2001 Occupational Health and Safety Act 2000 Category: Principal judgment Parties: Inspector Keven Pile (Prosecutor) Rodney Rouland (Defendant in IRC 11/201) Forbye Sutherland (Defendant in IRC 11/202 Representation: Mr Reitano of counsel (Prosecutor) Mr Bennett of counsel (Defendant in IRC 201 of 2011) Mr Phillips SC (Defendant in IRC 202 of 2011) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Bridgeford & Associates (Defendant in IRC 11/201) NECA Legal Pty Ltd (Defendant in IRC 11/202) File Number(s): IRC 201 of 2011 IRC 202 of 2011