Inspector Walker v The Roads and Traffic Authority of New South Wales [2013] NSWIRComm 116

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Walker v The Roads and Traffic Authority of New South Wales [2013] NSWIRComm 116 Hearing dates: 11 June 2013 Decision date: 24 December 2013 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: The Court makes the following orders: 1. In No. IRC 812 of 2011 the defendant is convicted of the offence. 2. The defendant is fined $175,000 with a moiety to the prosecutor. 3. The defendant is to pay the reasonable costs and disbursements of the prosecutor as agreed and in the absence of agreement as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - plea of guilty to one charge under s 10(1) of the Act - workers undertaking maintenance work on F3 Freeway when prime mover veered into the eastern shoulder and struck an RTA vehicle which collided with a worker who later died from injuries sustained by the collision - other workers were seriously injured - systems of work in place at time of incident - foreseeability of the risk to safety - measures available to avert the risk - gravity of potential risk to safety - maximum penalty - deterrence - subjective factors - orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminium Limited v WorkCover Authority of NSW (Inspector Mayo-Ramsay) (2000) 99 IR 29 Inspector Hart v Roads and Traffic Authority of NSW [1994] CT 1092 of 1993, 22 September 1994 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 R v Shankley [2003] NSWCCA 253 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Veen v R (No. 2) (1988) 164 CLR 465 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Ltd and Another (2000) 95 IR 383 Category: Principal judgment Parties: Inspector Joanne Walker (Prosecutor) The Roads and Traffic Authority of New South Wales (Defendant) Representation: P R McDonald SC with C T Magee of counsel (Prosecutor) W Thompson of counsel (Defendant) WorkCover Authority of New South Wales (Prosecutor) Sparke Helmore Lawyers (Defendant) File Number(s): IRC 812 of 2011