Inspector Orr v Perilya Broken Hill Limited [2018] NSWDC 130

District Court New South Wales

Medium Neutral Citation: Inspector Orr v Perilya Broken Hill Limited [2018] NSWDC 130 Hearing dates: 13 April 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Criminal Before: Kearns DCJ Decision: Perilya Broken Hill Limited is convicted. Perilya Broken Hill Limited is fined the sum of $500,000. One half of the fine is to be paid to the prosecutor in accordance with s 122 of the Fines Act. Catchwords: CRIMINAL LAW – PROSECUTION – WORK HEALTH AND SAFETY

SENTENCE – objective seriousness – aggravating factors – deterrence – mitigating factors Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Cases Cited: Veen v The Queen [No.2] (1987-88) 164 CLR 465 Category: Sentence Parties: NSW Department of Planning and Environment – Stephen James Orr, Investigator, Inspector and Manager, Regulatory Audit and Investigation (Prosecutor); Perilya Broken Hill 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 1. On 28 February 2018, I found the defendant, Perilya Broken Hill Limited (PBHL), guilty of a Category 2 offence under s 32 of the Work Health and Safety Act 2011 (WHS Act). 2. The matter now falls for sentence. The maximum penalty for the offence is $1,500,000. 3. The facts on which the sentence is to be based are set out in large measure in the reasons I published on 28 February 2018. I take them into account though I shall not be referring to them specifically except to the extent I find it necessary to do so in explaining these reasons. 4. I have been provided with an affidavit of Paul Marinko of 9 April 2018.