Environment Protection Authority v Australian Aged Dental Care Pty Ltd [2018] NSWLC 15

Environment Protection Authority v Australian Aged Dental Care Pty Ltd [2018] NSWLC 15

The defendant corporation committed nine offences by failing to ensure regulated radiation equipment was used only by licensed persons, with offending involving children, for financial gain, and occurring systemically. Each offence warranted a penalty well above the Local Court’s maximum jurisdiction, but the sentences were capped at the statutory maximum of $22,000 per offence ($198,000 total). Additional orders for publication and costs were appropriate for general deterrence and accountability.

Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Criminal / Sentence
Outcome
defendant convicted and fined, costs and publication order made
Legal Topics
['sentencing' 'radiation Control' 'use of Unlicensed Persons' 'corporate Offending' 'exposure of Vulnerable Persons']
['criminal Law' 'environmental Law' 'health Law'] ['sentencing' 'radiation Control' 'use of Unlicensed Persons' 'corporate Offending' 'exposure of Vulnerable Persons']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for a corporation convicted of using unlicensed persons to operate regulated radiation equipment contrary to s 6(6) of the Radiation Control Act 1990 (NSW)?' 'What aggravating and mitigating factors apply in assessing penalty for corporate breach of licensing requirements involving children?' 'Does a court sentencing after legislative amendment to penalty provisions apply the higher jurisdictional maximum?']

Ratio Decidendi

The defendant corporation committed nine offences by failing to ensure regulated radiation equipment was used only by licensed persons, with offending involving children, for financial gain, and occurring systemically. Each offence warranted a penalty well above the Local Court’s maximum jurisdiction, but the sentences were capped at the statutory maximum of $22,000 per offence ($198,000 total). Additional orders for publication and costs were appropriate for general deterrence and accountability.

Court Disposition

defendant convicted and fined, costs and publication order made

Orders

  • ['Convicted of nine offences under s 6(6) Radiation Control Act 1990 (NSW) and fined $22,000 for each offence (total $198,000)' "To pay prosecutor's costs in amount of $125,000 pursuant to s 213 of the Criminal Procedure Act 1986 (NSW)" 'To publish notice in The Daily Telegraph and Sydney Morning Herald in the terms...