Nash v Eastern Star Gas Ltd [2013] NSWIRComm 75

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Eastern Star Gas Ltd [2013] NSWIRComm 75 Hearing dates: 19 August 2013 Decision date: 06 September 2013 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 $120,000 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 - petroleum and coal seam gas industries - laying underground pipeline - extraction of pipe - recoil - fatality - objective seriousness - absence of risk assessment - reasonably foreseeable risk to safety - existence of simple and straightforward remedial steps - general deterrence - specific deterrence - measures introduced to minimise and eliminate risks - subjective factors - good corporate citizenship - victim impact statement - no prior conviction - plea of guilty - penalty - 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] NSWIRComm 71; (2000) 49 NSWLR 610; (2000) 99 IR 29 Inspector Nikolovski v McCrudden (No 2) [2011] NSWIRComm 73, [2011] 207 IR 385 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Nash v Austerberry Directional Drilling Services Pty Ltd [2013] NSWIRComm 37 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Principal judgment Parties: Jennifer Anne Nash (Prosecutor) Eastern Star Gas Ltd (Defendant) Representation: Mr I Taylor SC with Ms J McDonald (Prosecutor) Mrs W Thompson (Defendant) Crown Solicitor's Office (Prosecutor) Herbert Smith Freehills (Defendant) File Number(s): IRC 1293 of 2011