Inspector Lancaster v Eurobodalla Shire Council [2009] NSWIRComm 192

Inspector Lancaster v Eurobodalla Shire Council [2009] NSWIRComm 192

The defendant breached its duties under ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000 by not ensuring only appropriately accredited persons carried out high-risk tree felling, resulting in a fatality. The offending was objectively very serious despite evidence of generally good OHS systems, given the gap in safeguards. A total penalty of $175,000 (composed of $87,500 for each charge, taking totality into account) is appropriate.

Parties
Prosecutor: Inspector Ian Lancaster of WorkCover Authority of New South Wales; Defendant: Eurobodalla Shire Council
Jurisdiction
Australia
Judgment Date
19 November 2009
Procedural Posture
Prosecution Under Occupational Health and Safety Act 2000 / Sentencing After Guilty Plea
Outcome
The defendant is found guilty and convicted on both charges, with financial penalties imposed totalling $175,000, a moiety to the prosecutor, and costs ordered.
Legal Topics
Employer Duties, Workplace Safety, Industrial Prosecution, Workplace Fatality, Sentencing Principles
Occupational Health and Safety Criminal Law Employer Duties Workplace Safety Industrial Prosecution Workplace Fatality Sentencing Principles

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Parties

Inspector Ian Lancaster of WorkCover Authority of New South Wales

Prosecutor

Eurobodalla Shire Council

Defendant

Procedural Posture

Prosecution Under Occupational Health and Safety Act 2000 / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the defendant breached ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000
  2. 2 Appropriate penalty for the breaches

Ratio Decidendi

The defendant breached its duties under ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000 by not ensuring only appropriately accredited persons carried out high-risk tree felling, resulting in a fatality. The offending was objectively very serious despite evidence of generally good OHS systems, given the gap in safeguards. A total penalty of $175,000 (composed of $87,500 for each charge, taking totality into account) is appropriate.

Court Disposition

The defendant is found guilty and convicted on both charges, with financial penalties imposed totalling $175,000, a moiety to the prosecutor, and costs ordered.

Orders

  • The defendant is found guilty of each of the charges and convicted accordingly.
  • A penalty of $87,500 for each charge, with a moiety to the prosecutor.