Inspector Michael Duncan v Glenpar Pty Ltd. Prosecution under s 10(1) of the Occupational Health and Safety Act 2000 [2007] NSWIRComm 290

Inspector Michael Duncan v Glenpar Pty Ltd. Prosecution under s 10(1) of the Occupational Health and Safety Act 2000 [2007] NSWIRComm 290

The defendant was guilty of a serious breach of s 10(1) because, as principal contractor and controller of the site, it failed to ensure adequate site-specific information, induction, risk assessment, safe work documentation, monitoring and supervision for the strip out work. Although the breach was serious, it was at the lower end of the penalty scale and was mitigated by an early guilty plea, no prior convictions, cooperation, contrition, a good safety record and extensive remedial steps. A fine of $85,000, with half payable to the prosecutor by way of moiety, was appropriate.

Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Penalty Following Plea of Guilty
Outcome
Defendant found guilty and fined $85,000; half the fine to be paid to the prosecutor by way of moiety; defendant to pay prosecutor's costs as agreed or ordered.
Legal Topics
['controller of Work Premises' 'principal Contractor Duties' 'demolition and Strip Out Work' 'failure to Provide Adequate Information' 'failure to Monitor and Supervise Subcontractors' 'general and Specific Deterrence' 'early Guilty Plea']
['occupational Health and Safety' 'criminal Sentencing'] ['controller of Work Premises' 'principal Contractor Duties' 'demolition and Strip Out Work' 'failure to Provide Adequate Information' 'failure to Monitor and Supervise Subcontractors' 'general and Specific Deterrence' 'early Guilty Plea']

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Procedural Posture

Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Penalty Following Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant failed to ensure that persons other than its employees were not exposed to risks to their health or safety arising from the conduct of its undertaking at its place of work.' 'Whether the defendant failed to provide subcontractors carrying out the strip out work with adequate information about the structure of the premises and the scope of work to be performed.' 'Whether the defendant failed to ensure adequate monitoring and supervision of subcontractors while stripping out work was undertaken.' 'What penalty should be imposed having regard to the seriousness of the breach, deterrence, the early plea, absence of prior convictions, contrition, cooperation and remedial steps.']

Ratio Decidendi

The defendant was guilty of a serious breach of s 10(1) because, as principal contractor and controller of the site, it failed to ensure adequate site-specific information, induction, risk assessment, safe work documentation, monitoring and supervision for the strip out work. Although the breach was serious, it was at the lower end of the penalty scale and was mitigated by an early guilty plea, no prior convictions, cooperation, contrition, a good safety record and extensive remedial steps. A fine of $85,000, with half payable to the prosecutor by way of moiety, was appropriate.

Court Disposition

Defendant found guilty and fined $85,000; half the fine to be paid to the prosecutor by way of moiety; defendant to pay prosecutor's costs as agreed or ordered.

Orders

  • ['The defendant is found guilty of a breach of s 10(1) of the Occupational Health and Safety Act 2000 as particularised in the amended application for order to which the defendant has entered a plea of guilty.' 'The defendant is fined the sum of $85,000 with half that amount to be paid to the prosecutor by way of...