Insp Robins v CSR Limited t/as CSR Timber Products [2001] NSWIRComm 296

Insp Robins v CSR Limited t/as CSR Timber Products [2001] NSWIRComm 296

The defendant, despite not directly employing Ms Lister, breached its duty under s 16(1) of the Occupational Health and Safety Act 1983 by failing to provide a safe system of work and adequate supervision for labour hire workers, resulting in serious foreseeable risk and injury, and is liable to penalty adjusted for a guilty plea and mitigation.

Parties
Prosecutor: Insp Robins; Defendant: CSR Limited t/as CSR Timber Products
Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Prosecution / Sentence—judgment After Plea of Guilty
Outcome
Defendant found guilty and fined; further orders for costs to prosecution.
Legal Topics
Employer’s Duty of Care, Labour Hire Responsibility, Workplace Injury, Prosecution Under Occupational Health and Safety Act, General and Specific Deterrence in Sentencing
Occupational Health and Safety Industrial Law Employer’s Duty of Care Labour Hire Responsibility Workplace Injury Prosecution Under Occupational Health and Safety Act General and Specific Deterrence in Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Insp Robins

Prosecutor

CSR Limited t/as CSR Timber Products

Defendant

Procedural Posture

Prosecution / Sentence—judgment After Plea of Guilty

Legal Issues

  1. 1 Whether the defendant failed to ensure persons not in its employment were not exposed to risk to their health or safety under s 16(1) of the Occupational Health and Safety Act 1983
  2. 2 Assessment of objective seriousness and appropriate penalty for breach
  3. 3 Extent of employer’s responsibility over labour hire workers

Ratio Decidendi

The defendant, despite not directly employing Ms Lister, breached its duty under s 16(1) of the Occupational Health and Safety Act 1983 by failing to provide a safe system of work and adequate supervision for labour hire workers, resulting in serious foreseeable risk and injury, and is liable to penalty adjusted for a guilty plea and mitigation.

Court Disposition

Defendant found guilty and fined; further orders for costs to prosecution.

Orders

  • Defendant fined $150,000, with a moiety to the WorkCover Authority.
  • Defendant to pay prosecution's costs, to be agreed or assessed and brought back for final order.