Inspector Cooper v J I T Offset Pty Ltd [2013] NSWIRComm 90

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Cooper v J I T Offset Pty Ltd [2013] NSWIRComm 90 Hearing dates: 27 September 2013 Decision date: 10 October 2013 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a) In relation to Zac's Packs Pty Ltd: (i) the defendant, Zac's Packs Pty Ltd, 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 1627 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $115,000, with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed, or in the absence of agreement, as assessed pursuant to the provisions of the Legal Profession Act 2004. (b) In relation to J I T Offset Pty Ltd: (i) the defendant, J I T Offset Pty Ltd, is found guilty of a breach of s 8(1) of the of the Occupational Health and Safety Act 2000 as particularised in the amended application for order in Matter No IRC 1622 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $90,000 with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed, or in the absence of agreement, as assessed pursuant to the provisions of the Legal Profession Act 2004. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) and s 8(2) - related companies conduct box printing and manufacturing at same premises - large printing press used to produce a range of printed paper card finishes for paper box products - operation of printing press required regular changing of varnish plate on varnish cylinder - in the course of changing a plate worker suffers hand injury - little finger and two other fingers caught in unguarded nip point - serious injuries suffered - defendants enter early guilty plea - serious breach established - foreseeability considered - extensive safety system otherwise in use at premises - general and specific deterrence considered - numerous subjective factors - previous offences - parity addressed - offences proved - penalties imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Legal Profession Act 2004 Occupational Health and Safety Act 2000 Cases Cited: Postiglione v The Queen (1997) 189 CLR 295 Category: Principal judgment Parties: Inspector Stephen Cooper (Prosecutor) J I T Offset Pty Ltd (Defendant in IRC 1622 of 2011) Zac's Packs Pty Ltd (Defendant in IRC 1627 of 2011 Representation: Mr Casselden of counsel (Prosecutor) Mr B Hodgkinson SC with Mrs Thompson (Defendants) WorkCover Authority of New South Wales (Prosecutor) Ai Group Legal (Defendants) File Number(s): IRC 1622 of 2011 IRC 1627 of 2011