Inspector Julie Townsend v Illawarra Canvas Blinds and anor [2005] NSWIRComm 376

Inspector Julie Townsend v Illawarra Canvas Blinds and anor [2005] NSWIRComm 376

The offences were serious because the defendants exposed a relatively inexperienced employee to an obvious and foreseeable risk of falling from height by using an unsecured and unstable ladder on a sloping site without adequate risk assessment, safe work method statement, training, supervision or fall protection. However, the penalties were mitigated by early guilty pleas, contrition, co-operation with WorkCover, prior good records, remedial safety measures, and the financial circumstances of a small company closely connected with its director. A global approach to overall criminality was appropriate, resulting in fines of $70,000 for the company and $7,000 for the director.

Jurisdiction
Australia
Judgment Date
20 October 2005
Procedural Posture
Prosecutions Under S 8(1) of the Occupational Health and Safety Act 2000, Including Against a Director by Operation of S 26(1) / Sentencing After Guilty Pleas Entered at the First Return of the Order
Outcome
Both defendants were found guilty on their pleas and fined.
Legal Topics
['employer Duty of Care' 'director Liability' 'falls From Height' 'use of Ladders' 'risk Assessment' 'safe Work Method Statements' 'training and Supervision' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fines' 'moiety']
['occupational Health and Safety' 'industrial Relations' 'criminal Sentencing'] ['employer Duty of Care' 'director Liability' 'falls From Height' 'use of Ladders' 'risk Assessment' 'safe Work Method Statements' 'training and Supervision' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fines' 'moiety']

Case Brief

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Procedural Posture

Prosecutions Under S 8(1) of the Occupational Health and Safety Act 2000, Including Against a Director by Operation of S 26(1) / Sentencing After Guilty Pleas Entered at the First Return of the Order

Legal Issues

  1. 1 ['What penalty should be imposed on the company for its admitted breach of s 8(1) of the Occupational Health and Safety Act 2000.' 'What penalty should be imposed on Michael Vimpany as a director deemed to have breached s 8(1) by operation of s 26(1) of the Occupational Health and Safety Act 2000.' 'How the objective seriousness of the offence should be assessed where an employee suffered severe injuries after falling from an unsecured ladder while installing awnings at height.' "What weight should be given to early guilty pleas, contrition, co-operation with WorkCover, prior good record, remedial safety measures, deterrence, and the defendants' financial position." 'Whether a global approach to penalty was appropriate given the close connection between the corporation and its director.']

Ratio Decidendi

The offences were serious because the defendants exposed a relatively inexperienced employee to an obvious and foreseeable risk of falling from height by using an unsecured and unstable ladder on a sloping site without adequate risk assessment, safe work method statement, training, supervision or fall protection. However, the penalties were mitigated by early guilty pleas, contrition, co-operation with WorkCover, prior good records, remedial safety measures, and the financial circumstances of a small company closely connected with its director. A global approach to overall criminality was appropriate, resulting in fines of $70,000 for the company and $7,000 for the director.

Court Disposition

Both defendants were found guilty on their pleas and fined.

Orders

  • ['In Matter No IRC 2214 of 2005, Illawarra Canvas Blinds Pty Limited is found guilty of the breach of section 8(1) of the Occupational Health and Safety Act 2000 to which it pleaded guilty.' 'Illawarra Canvas Blinds Pty Limited is fined $70,000 with half the fine to be paid to the prosecutor as a moiety.' 'Illawarra...