Inspector Pile v Levira Pty Ltd [2013] NSWIRComm 78

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Pile v Levira Pty Ltd [2013] NSWIRComm 78 Hearing dates: 26 August 2013 Decision date: 16 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 $80,000 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(1) of the Occupational Health and Safety Act 2000 - truck transport industry - employee injured when crushed by forklift - general deterrence - specific deterrence - measures introduced to minimise and eliminate risks - subjective factors - good corporate citizenship - 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 The Queen [2002] HCA 6; (2002) 209 CLR 339 Capral Aluminium Ltd v Workcover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Corinthian Industries (Sydney) Pty Ltd v WorkCover Authority of New South Wales (Inspector Wilson) [2000] NSWIRComm 46; (2000) 99 IR 159 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92; (2009) 186 IR 125 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 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 Morrison v Powercoal (No 3) [2005] NSWIRComm 61 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Principal judgment Parties: Inspector Kevin Pile (Prosecutor) Levira Pty Ltd (Defendant) Representation: Counsel: Mr R Reitano (Prosecutor) Ms P McDonald SC (Defendant) Solicitors: WorkCover Authority of NSW (Prosecutor) Spinks Elphick Ho (Defendant) File Number(s): IRC 483 of 2009