Inspector Spence v Cai [2013] NSWIRComm 5

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Spence v Cai [2013] NSWIRComm 5 Hearing dates: 03/07/2012 Decision date: 11 February 2013 Before: Backman J Decision: (1) The defendant is convicted of the offence under s 10(1) of the OHS Act 2000 and fined $12,500 with a moiety to the prosecutor. (2) The defendant is to pay the reasonable costs of the prosecutor as agreed or in the absence of agreement as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 - plea of guilty under s 10(1) of the Act - worker seriously injured after falling 3.7 metres through an unsecured penetration onto a concrete floor - defendant as the project manager had day-to-day responsibilities to monitor, co-ordinate and supervise the construction contractors and co-ordinate sub-contractors at the site - documented systems of work for the site either not implemented or only partially implemented - other objective factors considered - deterrence - maximum penalty - subjective factors considered - prior convictions - whether defendant has a reduced capacity to pay a fine - role of co-offender in circumstances of offence - orders Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Ferguson v Nelmac Pty Ltd (1999) 92 IR 188 Inspector Spence v Shang [2012] NSWIRComm 86 Manpac Industries Pty Ltd (formerly t/a Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of New South Wales (Inspector Glass) [2001] NSWIRComm 190; (2001) 106 IR 435 Category: Principal judgment Parties: Inspector Ronald John Spence (Prosecutor) Jackson Cai (Defendant) Representation: Mr M Moir (Prosecutor) Mr T Jones (Defendant) Criminal Law Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) Andrew Scali Solicitors (Defendant) File Number(s): IRC 1398 of 2011