Nash v Bulga Underground Operations Pty Ltd (re Newstead) [2015] NSWDC 76

District Court New South Wales

Medium Neutral Citation: Nash v Bulga Underground Operations Pty Ltd (re Newstead) [2015] NSWDC 76 Hearing dates: 20 May 2015 Decision date: 26 May 2015 Jurisdiction: Criminal Before: KEARNS DCJ Decision: I fine the defendant $75,000 with a moiety to the Prosecutor. The defendant is to pay the Prosecutor's costs agreed or assessed. Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Inspector Nash v Bulga Underground Operations Pty Ltd [2014] NSWDC 186; Morrison v Defence Maritime Services Pty Limited (2007) 156 LGERA 365 Category: Sentence Parties: Jennifer Ann Nash, Director, Mine Safety Performance, NSW Department of Trade and Investment, Regional Infrastructure and Services (Prosecutor); Bulga Underground Operations Pty Ltd (Defendant) Representation: Counsel: Mr C Magee, instructed by Crown Solicitor, appeared for the Prosecutor; Mr D Buchanan SC with Mr M Shume, instructed by Sparke Helmore, appeared for the defendant File Number(s): 12/244559

Judgment

Outline 1. The defendant has been found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000. The matter is now before me for sentence. 2. The particulars in respect of which the defendant has been found guilty, in summary form, are as follows: 1. failing to install secondary roof support; 2. failing to ensure that the pick changing was undertaken under supported roof; 3. failing to ensure that the pick changing was undertaken at the maingate drive or at a take-off chute under a supported roof; 4. failing to conduct a risk assessment; 5. failing to ensure that Mr Newstead was provided with adequate information and training; 6. failing to ensure that Mr Newstead was provided with instruction that if the roof supports were not able to be advanced sufficiently to provide roof support, he should not access the work area until secondary roof support had been installed; 7. failing to adequately supervise Mr Newstead and the longwall crew to ensure that the maingate cutter drums were positioned under supported roof; 8. failing to adequately supervise Mr Newstead and the longwall crew to ensure that a risk assessment was undertaken to identify hazards arising from the Huesker mesh.