Inspector Janet Corbett v BBC Hardware Ltd and Bunnings Pty Ltd [2006] NSWIRComm 401

Inspector Janet Corbett v BBC Hardware Ltd and Bunnings Pty Ltd [2006] NSWIRComm 401

The s 8 breaches were serious because the defendants' safety system had multi-faceted defects, including failures concerning safe working loads, display and training, repair of defective racking, inspections, monitoring and collision protection, exposing employees and customers to a high risk of serious injury. The integrated operation of BBC and Bunnings made a global approach to the s 8 penalties appropriate, but substantial mitigation was warranted for early guilty pleas, cooperation, remedial action, safety systems and corporate citizenship. The s 86 breach was significant because prompt notification assists WorkCover's investigative and preventive functions, but the failure was...

Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Prosecutions Under Ss 8(1), 8(2) and 86 of the Occupational Health and Safety Act 2000 / Penalty After Guilty Pleas
Outcome
Defendants found guilty on guilty pleas; fines and costs orders imposed.
Legal Topics
['employer Duty of Safety' 'risk to Non Employees' 'steel Storage Racking Collapse' 'failure to Notify Work Cover of Serious Incident' 'guilty Plea Discount' 'general and Specific Deterrence' 'global Penalty for Integrated Corporate Defendants']
['occupational Health and Safety' 'criminal Sentencing'] ['employer Duty of Safety' 'risk to Non Employees' 'steel Storage Racking Collapse' 'failure to Notify Work Cover of Serious Incident' 'guilty Plea Discount' 'general and Specific Deterrence' 'global Penalty for Integrated Corporate Defendants']

Case Brief

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Procedural Posture

Prosecutions Under Ss 8(1), 8(2) and 86 of the Occupational Health and Safety Act 2000 / Penalty After Guilty Pleas

Legal Issues

  1. 1 ["What penalties should be imposed for BBC Hardware Ltd's breach of s 8(1) of the Occupational Health and Safety Act 2000." "What penalty should be imposed for Bunnings Pty Ltd's breach of s 8(2) of the Occupational Health and Safety Act 2000." "What penalty should be imposed for BBC Hardware Ltd's breach of s 86 of the Occupational Health and Safety Act 2000 by failing to notify WorkCover of the incident by the quickest available means." 'Whether the integrated operation of BBC Hardware Ltd and Bunnings Pty Ltd warranted a global approach to penalty for the s 8 offences.' 'What mitigation should be allowed for early guilty pleas, cooperation, remedial action, safety systems and corporate citizenship.']

Ratio Decidendi

The s 8 breaches were serious because the defendants' safety system had multi-faceted defects, including failures concerning safe working loads, display and training, repair of defective racking, inspections, monitoring and collision protection, exposing employees and customers to a high risk of serious injury. The integrated operation of BBC and Bunnings made a global approach to the s 8 penalties appropriate, but substantial mitigation was warranted for early guilty pleas, cooperation, remedial action, safety systems and corporate citizenship. The s 86 breach was significant because prompt notification assists WorkCover's investigative and preventive functions, but the failure was...

Court Disposition

Defendants found guilty on guilty pleas; fines and costs orders imposed.

Orders

  • ['Bunnings Pty Ltd was found guilty of a breach of s 8(2) of the Occupational Health and Safety Act 2000 as particularised in Matter No IRC 1856 of 2006.' 'Bunnings Pty Ltd was fined $56,875 with half that sum to be paid to the prosecutor by way of moiety.' 'Bunnings Pty Ltd is to pay the costs of the prosecutor in...