Inspector Spence v Aleksic Carpentry Pty Ltd & Anor [2012] NSWIRComm 45

Inspector Spence v Aleksic Carpentry Pty Ltd & Anor [2012] NSWIRComm 45

Both defendants had direct responsibility for the safety of non-employees working at the site and failed to take practical, available steps (such as providing a secure cover or risk assessments) to prevent a foreseeable and grave risk of falling through an unsecured penetration, resulting in serious injury to a worker; therefore, they are guilty under s 10(1) of the Occupational Health and Safety Act 2000 and subject to significant penalties for serious contraventions.

Jurisdiction
Australia
Judgment Date
30 May 2012
Procedural Posture
Prosecution Criminal (ohs) / Sentencing and Orders Following Guilty Pleas
Outcome
Guilty plea, conviction, fines and costs ordered
Legal Topics
['prosecution for OHS Offences' 'sentencing' 'construction Safety' 'employer Duties' 'director Liability']
['occupational Health and Safety' 'industrial Law'] ['prosecution for OHS Offences' 'sentencing' 'construction Safety' 'employer Duties' 'director Liability']

Case Brief

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Procedural Posture

Prosecution Criminal (ohs) / Sentencing and Orders Following Guilty Pleas

Legal Issues

  1. 1 ['Whether defendants (corporate and individual) failed to ensure safety at premises under s 10(1) of the Occupational Health and Safety Act 2000' 'Whether penalties should be imposed for failure to control risk and ensure safe workplace']

Ratio Decidendi

Both defendants had direct responsibility for the safety of non-employees working at the site and failed to take practical, available steps (such as providing a secure cover or risk assessments) to prevent a foreseeable and grave risk of falling through an unsecured penetration, resulting in serious injury to a worker; therefore, they are guilty under s 10(1) of the Occupational Health and Safety Act 2000 and subject to significant penalties for serious contraventions.

Court Disposition

Guilty plea, conviction, fines and costs ordered

Orders

  • ['Aleksic Carpentry Pty Ltd is found guilty under s 10(1) Occupational Health and Safety Act 2000 and fined $120,000 with a moiety to the prosecutor.' "Aleksic Carpentry Pty Ltd to pay the prosecutor's costs as agreed or assessed." 'Milivoje Aleksic is found guilty by virtue of s 26(1) of the Occupational Health and...