WorkCover Authority of New South Wales v Customised Gas Australia Group Pty Ltd and Flynn [2014] NSWDC 361

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of New South Wales v Customised Gas Australia Group Pty Ltd and Flynn [2014] NSWDC 361 Hearing dates: 27/11/2014 Decision date: 04 December 2014 Jurisdiction: Criminal Before: Kearns DCJ Decision: The defendant, CGA, is convicted. I impose a fine of $150,000. I order a moiety of that fine to be paid to the prosecutor. I order the defendant, CGA, to pay the prosecutor's costs as agreed or assessed. The defendant, Rodney James Flynn, is convicted. I impose a fine of $7,500. I order a moiety of the fine to be paid to the prosecutor. Mr Flynn is to pay the prosecutor's costs as agreed or assessed. Catchwords: Work, Health and Safety Act 2011 ss 19(1), 27, 32 – worker severely burned when gas ignited whilst venting and purging gas tanker-trailer inside workshop – serious injury – duty of employer to ensure health and safety of employees – duty of director to ensure company complied with its duty to ensure health and safety of employees – safe work method statement and other safety measures in place prior to incident – failure to train or induct workers as to contents of the safe work method statement – failure to ensure workers wore appropriate protective clothing and safety gear – failure to ensure purging and venting was completed outside in designated de-gas area – co-operation with regulatory authority – no prior convictions – good corporate character of defendant – contrition and remorse – seriousness of offence – foreseeability of risk – foreseeability of consequences – specific deterrence – general deterrence – consideration of financial impact of company fine on defendant director Legislation Cited: Crimes (Sentencing Procedure) Act 1999; Work Health and Safety Act 2011 Cases Cited: Thorneloe v Filipowski (2000) 52 NSWLR 60 Category: Sentence Parties: WorkCover Authority of New South Wales (prosecutor) Customised Gas Australia Group Pty Ltd and Rodney James Flynn (defendants) Representation: Counsel: Mr D Chin appeared for the prosecutor Mr D O'Neil appeared for the defendants File Number(s): 2014/7140; 2014/7196