Inspector Orr v Perilya Limited [2018] NSWDC 29

District Court New South Wales

Medium Neutral Citation: Inspector Orr v Perilya Limited [2018] NSWDC 29 Hearing dates: 4/7/17 - 7/717; 10/7/17 – 14/7/17; 17/7/17 – 21/7/17; 26/7/17 – 27/7/17; 31/7/17 – 4/8/17; 7/8/17 – 11/8/17; 14/8/17 – 15/8/17; 17/8/17 -18/8/17; 21/8/17-22/8/17; 27/9/17 – 29/9/17; 20/11/17-23/11/17 Decision date: 28 February 2018 Jurisdiction: Criminal Before: Kearns DCJ Decision: The Second Amended Summons is dismissed. I shall hear the parties on costs. Catchwords: CRIMINAL LAW – PROSECUTION – WORK HEALTH AND SAFETY PCBU – subsidiary company owner and operator of mine – whether parent company with 100% shareholding in subsidiary company also owner and operator of mine Legislation Cited: Work Health and Safety Act 2011 (NSW); Mine Health and Safety Regulation 2007 Category: Principal judgment Parties: NSW Department of Planning and Environment – Stephen James Orr, Investigator, Inspector and Manager, Regulatory Audit and Investigation (Prosecutor); Perilya Limited (Defendant) Representation: Counsel: Mr J Agius SC with Mr C Magee appeared for the Prosecutor; Mr B Hodgkinson SC with Mr M Shume appeared for the Defendant

Solicitors: Norton Rose Fulbright instructed by the Prosecutor; Colin Biggers and Paisley instructed by the Defendant File Number(s): 2014/176345

Judgment

Charge and plea 1. Perilya Limited (Perilya) is charged with an offence under s 32 of the Work Health and Safety Act 2011 (Act). It is alleged that on 8 June 2012 it breached a health and safety duty it owed to Mr Pollard and to Mr Rowbotham under s 19 of the Act and exposed them to risk of death or serious injury. 2. Perilya has pleaded not guilty.