Inspector Wilkie v Kennards Hire Pty Limited [2004] NSWIRComm 167

Inspector Wilkie v Kennards Hire Pty Limited [2004] NSWIRComm 167

Kennards Hire Pty Ltd breached its absolute duty under s 18(1) of the Occupational Health & Safety Act 1983 in failing to ensure that the supplied woodchipping machine was safe and without risk to health and failed to provide adequate safety information. While the breach was not at the upper end of gravity due to remedial actions and absence of injury, the penalty was reduced for early guilty plea, contrition, cooperation, and good corporate record.

Jurisdiction
Australia
Judgment Date
10 June 2004
Procedural Posture
Prosecution / Judgment
Outcome
defendant convicted, fined
Legal Topics
['supply of Plant for Use at Work' 'failure to Ensure Safety' 'sentencing' 'contrition' 'corporate Responsibility']
['occupational Health and Safety' 'industrial Law'] ['supply of Plant for Use at Work' 'failure to Ensure Safety' 'sentencing' 'contrition' 'corporate Responsibility']

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Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 ['Whether the defendant failed to ensure that the supplied woodchipping machine was safe and without risk to health when properly used' 'Whether adequate information about the machine was provided to ensure its safe use' 'Appropriate penalty for breach of absolute duty under s 18(1) of the Occupational Health & Safety Act 1983']

Ratio Decidendi

Kennards Hire Pty Ltd breached its absolute duty under s 18(1) of the Occupational Health & Safety Act 1983 in failing to ensure that the supplied woodchipping machine was safe and without risk to health and failed to provide adequate safety information. While the breach was not at the upper end of gravity due to remedial actions and absence of injury, the penalty was reduced for early guilty plea, contrition, cooperation, and good corporate record.

Court Disposition

defendant convicted, fined

Orders

  • ['The offence is proven and a verdict of guilty is entered.' 'The defendant is convicted of the offence as charged.' 'The defendant is fined an amount of $68,250 with a moiety thereof to the prosecutor.' "The defendant shall pay the prosecutor's costs as agreed or as determined in accordance with the Rules of the...