Inspector Webster v Kogan [2009] NSWIRComm 50

Inspector Webster v Kogan [2009] NSWIRComm 50

The defendant was guilty because, as director of LEAD Group Pty Ltd, he was deemed to have contravened s 10(1) of the Occupational Health and Safety Act 2000 by virtue of s 26(1) where LEAD failed to ensure the premises were safe, including by permitting work at about six metres without adequate scaffolding, guardrails or fall protection. The offence was most serious, but an $18,000 penalty was appropriate after allowing for the guilty plea, remorse, compliance steps, good character, cooperation and no prior convictions.

Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Prosecution Under S 10(1) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 / Penalty Following Guilty Plea
Outcome
Defendant found guilty, convicted, ordered to pay a penalty of $18,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs.
Legal Topics
['director Liability' 'construction Site Safety' 'falls From Height' 'failure to Provide Scaffolding, Handrails or Fall Protection' 'penalty Assessment']
['occupational Health and Safety' 'workplace Safety' 'regulatory Prosecution'] ['director Liability' 'construction Site Safety' 'falls From Height' 'failure to Provide Scaffolding, Handrails or Fall Protection' 'penalty Assessment']

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Procedural Posture

Prosecution Under S 10(1) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 / Penalty Following Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant, as a director of LEAD Group Pty Ltd, was deemed by s 26(1) of the Occupational Health and Safety Act 2000 to have contravened s 10(1) because the corporation was guilty of a breach of the Act.' "What penalty should be imposed for the defendant's occupational health and safety offence after a guilty plea." 'Whether inadequate scaffolding, guardrails, access, egress and fall protection rendered the premises unsafe for persons working there.']

Ratio Decidendi

The defendant was guilty because, as director of LEAD Group Pty Ltd, he was deemed to have contravened s 10(1) of the Occupational Health and Safety Act 2000 by virtue of s 26(1) where LEAD failed to ensure the premises were safe, including by permitting work at about six metres without adequate scaffolding, guardrails or fall protection. The offence was most serious, but an $18,000 penalty was appropriate after allowing for the guilty plea, remorse, compliance steps, good character, cooperation and no prior convictions.

Court Disposition

Defendant found guilty, convicted, ordered to pay a penalty of $18,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs.

Orders

  • ['The defendant is found guilty of the offence with which he is charged and convicted accordingly.' 'The defendant is to pay a penalty of $18,000 with a moiety to the prosecutor.' 'The defendant is to pay the costs of the prosecutor in an amount assessed by the Court in default of agreement.']