Inspector Denis Macready v Mission Services Pty Ltd & Anor [2007] NSWIRComm 279

Inspector Denis Macready v Mission Services Pty Ltd & Anor [2007] NSWIRComm 279

The defendants were guilty because Mission Services Pty Ltd failed to provide an adequate safe system of work and failed to test or ensure that the Essential Services Distribution Board was de-energised before employees worked near it, despite warning labels and the Australian Standard indicating that essential services had a separate power source. Mr Chang, as sole director and controlling mind who designed the procedures and was supervising the work, was liable by virtue of s26(1). The risk was foreseeable to qualified electricians, the breach was serious and caused a fatality, but penalty was mitigated by guilty pleas, co-operation, remorse, remedial measures, no prior convictions, the...

Jurisdiction
Australia
Judgment Date
26 November 2007
Procedural Posture
Prosecutions Under S8(1) and S26(1) of the Occupational Health and Safety Act 2000 / Penalty Following Guilty Pleas
Outcome
Both defendants were found guilty; Mission Services Pty Ltd was fined $50,000 and Jae Hoon Chang was fined $10,000, each with a moiety to WorkCover Authority of New South Wales, and one costs order was made.
Legal Topics
['unsafe System of Work' 'electrical Work Near Live Equipment' 'director Liability' 'fatal Workplace Injury' 'specific and General Deterrence' 'guilty Plea Discount']
['occupational Health and Safety' 'criminal Sentencing'] ['unsafe System of Work' 'electrical Work Near Live Equipment' 'director Liability' 'fatal Workplace Injury' 'specific and General Deterrence' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Prosecutions Under S8(1) and S26(1) of the Occupational Health and Safety Act 2000 / Penalty Following Guilty Pleas

Legal Issues

  1. 1 ['Whether the defendant company failed to ensure the health, safety and welfare at work of its employees by failing to provide a safe system of work for electrical work near the Main Switchboard and Essential Services Distribution Board.' "Whether the individual defendant, as sole director and controlling mind of the defendant company, was liable under s26(1) for the company's contravention of s8(1) of the Occupational Health and Safety Act 2000." 'What penalties should be imposed having regard to objective seriousness, foreseeability, contribution of other parties, deterrence, guilty pleas, co-operation, contrition and financial circumstances.']

Ratio Decidendi

The defendants were guilty because Mission Services Pty Ltd failed to provide an adequate safe system of work and failed to test or ensure that the Essential Services Distribution Board was de-energised before employees worked near it, despite warning labels and the Australian Standard indicating that essential services had a separate power source. Mr Chang, as sole director and controlling mind who designed the procedures and was supervising the work, was liable by virtue of s26(1). The risk was foreseeable to qualified electricians, the breach was serious and caused a fatality, but penalty was mitigated by guilty pleas, co-operation, remorse, remedial measures, no prior convictions, the...

Court Disposition

Both defendants were found guilty; Mission Services Pty Ltd was fined $50,000 and Jae Hoon Chang was fined $10,000, each with a moiety to WorkCover Authority of New South Wales, and one costs order was made.

Orders

  • ['In Matter No. IRC173 of 2007, the defendant company was found guilty of the offence as charged.' 'The defendant company was fined in the sum of $50,000 with a moiety to WorkCover Authority of New South Wales.' 'In Matter No. IRC174 of 2007, the individual defendant was found guilty of the offence as charged.' 'The...