Inspector Selby v University of New South Wales [2013] NSWIRComm 20

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Selby v University of New South Wales [2013] NSWIRComm 20 Hearing dates: 14 March 2013 Decision date: 21 March 2013 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a) the defendant, the University of New South Wales, is found guilty of a breach of s 8(2) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in Matter No IRC 1268 of 2011, to which the defendant entered a plea of guilty; (b) the defendant is fined the sum of $100,000 with half that amount to be paid to the prosecutor by way of moiety; (c) by consent of the parties, the costs incurred by the prosecutor up to the 19 September 2012 shall be paid by the defendant in the agreed sum of $35,000; (d) the remaining costs of the prosecutor relating to the guilty plea are to be paid by the defendant in a sum as agreed or, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2) - two charges laid - s 8(1) charge withdrawn during contested proceedings and guilty plea entered in relation to Amended Application for Order - students under care of University taken on field trip using a Zodiac vessel - life jackets not required to be worn - students sit on buoyancy tubes and not within boat - driver loses control of boat during sharp turn - three students flung from Zodiac into the water - Zodiac swings and briefly comes out of water returning with a loud thud - student injured and required assistance to stay afloat and return to the boat - risk obvious and simple steps only required to address risk - serious breach established - general and specific deterrence - subjective factors considered - application under s 10A Crimes (Sentencing Procedure) Act 1999 declined - penalty imposed Cases Cited: Inspector McGrath v Edmen Recruiting Pty Ltd [2012] NSWIRComm 108 Category: Principal judgment Parties: Inspector Dean Selby (Prosecutor) University of New South Wales (Defendant) Representation: Mr Reitano of counsel - Prosecutor Mr Magee of counsel - Defendant Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Bartier Perry (Defendant) File Number(s): IRC 1268 of 2011