Inspector Michael Dall v Bechtel Australia Pty Ltd [2003] NSWIRComm 349

Inspector Michael Dall v Bechtel Australia Pty Ltd [2003] NSWIRComm 349

Given the gravest consequences of the clear and preventable risk, coupled with Bechtel's plea of guilty and strong overall safety record, the appropriate penalty is a conviction and a fine, discounted by the plea of guilty.

Jurisdiction
Australia
Judgment Date
17 October 2003
Procedural Posture
Prosecution / Sentencing After Guilty Plea
Outcome
convicted and fined
Legal Topics
['safe Systems of Work' 'risk Assessment' 'workplace Training' 'corporate Culpability']
['occupational Health and Safety' 'industrial Law'] ['safe Systems of Work' 'risk Assessment' 'workplace Training' 'corporate Culpability']

Case Brief

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Procedural Posture

Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Whether Bechtel Australia Pty Ltd failed to ensure persons not in its employment were not exposed to health or safety risks at its place of work.' 'What penalty is appropriate in light of the admitted offence and circumstances.']

Ratio Decidendi

Given the gravest consequences of the clear and preventable risk, coupled with Bechtel's plea of guilty and strong overall safety record, the appropriate penalty is a conviction and a fine, discounted by the plea of guilty.

Court Disposition

convicted and fined

Orders

  • ['The defendant is convicted and fined $100,000. WorkCover is to have a moiety of the fine.' 'Costs are to be agreed between the parties or otherwise the parties have liberty to apply.']