Inspector Stephen Gill v J D Thompson Personnel Pty Limited; Inspector Stephen Gill v Visy Paper Pty Limited [2005] NSWIRComm 73

Inspector Stephen Gill v J D Thompson Personnel Pty Limited; Inspector Stephen Gill v Visy Paper Pty Limited [2005] NSWIRComm 73

Both defendants breached their occupational health and safety duties because the worker was able to climb into a chute to clear a blockage, there was no risk assessment or documented procedure for the task, and appropriate audits were not undertaken. The risk of falling approximately 3.4 metres down a chute onto moving equipment was reasonably foreseeable and objectively serious. Existing induction and safety systems mitigated seriousness only to a limited extent because they were inadequate and did not identify the unsafe practice. The second defendant's prior convictions, including those arising in another division of the same corporation, were relevant and increased its culpability,...

Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Occupational Health and Safety Prosecutions Under S8(1) and S8(2) of the Occupational Health & Safety Act 2000 / Sentencing Following Early Pleas of Guilty to Amended Applications for Order
Outcome
Both defendants were convicted and fined; J D Thompson Personnel Pty Limited t/as Jobwire was fined $80,000 and Visy Paper Pty Limited was fined $135,000, each with a moiety to the prosecutor and costs payable to the prosecutor.
Legal Topics
['failure to Ensure Health and Safety at Work' 'labour Hire Employer Duties' 'host Employer Duties' 'prior Convictions' 'general Deterrence' 'specific Deterrence' 'reasonably Foreseeable Risk' 'guilty Plea Discount' 'workplace Injury From Fall Down Conveyor Chute']
['occupational Health and Safety' 'industrial Relations' 'sentencing'] ['failure to Ensure Health and Safety at Work' 'labour Hire Employer Duties' 'host Employer Duties' 'prior Convictions' 'general Deterrence' 'specific Deterrence' 'reasonably Foreseeable Risk' 'guilty Plea Discount' 'workplace Injury From Fall Down Conveyor Chute']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Occupational Health and Safety Prosecutions Under S8(1) and S8(2) of the Occupational Health & Safety Act 2000 / Sentencing Following Early Pleas of Guilty to Amended Applications for Order

Legal Issues

  1. 1 ['Whether the defendants failed to ensure a safe system of work for sorting paper and cardboard and clearing chute blockages.' 'Whether prior convictions committed in a separate division of the second defendant should be taken into account in sentencing.' 'Whether general and specific deterrence were applicable to the defendants.' 'Whether the risk of a worker falling down the chute was reasonably foreseeable and made the offences objectively serious.' 'What mitigating effect should be given to induction and safety systems, post-accident measures, co-operation with WorkCover, and early pleas of guilty.' 'What penalties should be imposed on each defendant having regard to their respective culpability.']

Ratio Decidendi

Both defendants breached their occupational health and safety duties because the worker was able to climb into a chute to clear a blockage, there was no risk assessment or documented procedure for the task, and appropriate audits were not undertaken. The risk of falling approximately 3.4 metres down a chute onto moving equipment was reasonably foreseeable and objectively serious. Existing induction and safety systems mitigated seriousness only to a limited extent because they were inadequate and did not identify the unsafe practice. The second defendant's prior convictions, including those arising in another division of the same corporation, were relevant and increased its culpability,...

Court Disposition

Both defendants were convicted and fined; J D Thompson Personnel Pty Limited t/as Jobwire was fined $80,000 and Visy Paper Pty Limited was fined $135,000, each with a moiety to the prosecutor and costs payable to the prosecutor.

Orders

  • ['In Matter No IRC 04/2990, the defendant, J D Thompson Personnel Pty Limited t/as Jobwire, is convicted of the offence.' 'In Matter No IRC 04/2990, the defendant, J D Thompson Personnel Pty Limited t/as Jobwire, is fined $80,000.00, with a moiety to the prosecutor.' 'In Matter No IRC 04/2990, the defendant, J D...