Inspector Rigby v City of Canada Bay Council [2009] NSWIRComm 151

Inspector Rigby v City of Canada Bay Council [2009] NSWIRComm 151

The defendant was found guilty because it failed to have in place a safe system of work, failed to risk assess, and failed to properly train, instruct, and supervise in relation to the hanging of banners in public places, resulting in foreseeable risks to health and safety, in breach of s8(2) of the Occupational...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 September 2009
Procedural Posture
Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Sentencing, Judgment and Orders
Outcome
guilty
Legal Topics
['failure to Maintain Safe System of Work' 'failure to Risk Assess' 'failure to Properly Train, Instruct and Supervise' 'general and Specific Deterrence' 'penalty Assessment' 'early Plea of Guilty']
['occupational Health and Safety' 'criminal Law'] ['failure to Maintain Safe System of Work' 'failure to Risk Assess' 'failure to Properly Train, Instruct and Supervise' 'general and Specific Deterrence' 'penalty Assessment' 'early Plea of Guilty']

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Procedural Posture

Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Sentencing, Judgment and Orders

Legal Issues

  1. 1 ['Whether the defendant failed to ensure persons other than employees were not exposed to risks to health or safety arising from its undertaking' 'Whether the defendant failed to undertake adequate risk assessments in relation to erecting banners, lighting, and decorations' 'Whether the defendant failed to have a safe system of work' 'Whether the defendant failed to properly instruct, inform, and supervise']

Ratio Decidendi

The defendant was found guilty because it failed to have in place a safe system of work, failed to risk assess, and failed to properly train, instruct, and supervise in relation to the hanging of banners in public places, resulting in foreseeable risks to health and safety, in breach of s8(2) of the Occupational Health and Safety Act 2000.

Court Disposition

guilty

Orders

  • ['The defendant is fined $140,000, with a moiety to WorkCover Authority of New South Wales.' 'Costs quantification not agreed; leave to re-list at short notice for further hearing on costs.']