Inspector Steven Nikolovski v Northpac Constructions Pty Ltd [2010] NSWIRComm 176

Inspector Steven Nikolovski v Northpac Constructions Pty Ltd [2010] NSWIRComm 176

The offence was objectively serious because bricklayers were working several metres above ground beside an inherently unstable green wall without catch scaffolding or other adequate fall protection, creating an obvious and reasonably foreseeable risk of falling with every prospect of serious consequences. Northpac's informal safety system and supervision were inadequate and seriously defective in relation to raising scaffolding. Although Northpac was a first offender, co-operated, expressed remorse, assisted Mr Sadler, and introduced post-offence safety measures, its asserted incapacity to pay was not established by primary financial records. A conviction, fine of $110,000 with a moiety...

Jurisdiction
Australia
Judgment Date
03 December 2010
Procedural Posture
Prosecution Pursuant to Section 8(2) of the Occupational Health and Safety Act 2000 / Sentence Following Summary Defended Hearing and Finding of Guilt
Outcome
The defendant was convicted, fined $110,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs of the summary defended proceedings and sentence proceedings.
Legal Topics
['fall From Height' 'construction Site Safety' 'adequate Fall Protection' 'failure to Supervise' 'objective Seriousness' 'deterrence' 'contrition' 'capacity to Pay Fine']
['occupational Health and Safety' 'criminal Sentencing'] ['fall From Height' 'construction Site Safety' 'adequate Fall Protection' 'failure to Supervise' 'objective Seriousness' 'deterrence' 'contrition' 'capacity to Pay Fine']

Case Brief

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Procedural Posture

Prosecution Pursuant to Section 8(2) of the Occupational Health and Safety Act 2000 / Sentence Following Summary Defended Hearing and Finding of Guilt

Legal Issues

  1. 1 ['What penalty should be imposed after Northpac Constructions Pty Limited was found guilty of an offence under s 8(2) of the Occupational Health and Safety Act 2000.' 'Whether the risk to safety from working at height without catch scaffolding or other fall protection was obvious and reasonably foreseeable.' "Whether Northpac's pre-offence safety systems and supervision mitigated the objective seriousness of the offence." "Whether Northpac's post-offence safety measures, contrition, co-operation, absence of prior convictions, consistency in sentencing, and asserted limited capacity to pay mitigated penalty."]

Ratio Decidendi

The offence was objectively serious because bricklayers were working several metres above ground beside an inherently unstable green wall without catch scaffolding or other adequate fall protection, creating an obvious and reasonably foreseeable risk of falling with every prospect of serious consequences. Northpac's informal safety system and supervision were inadequate and seriously defective in relation to raising scaffolding. Although Northpac was a first offender, co-operated, expressed remorse, assisted Mr Sadler, and introduced post-offence safety measures, its asserted incapacity to pay was not established by primary financial records. A conviction, fine of $110,000 with a moiety...

Court Disposition

The defendant was convicted, fined $110,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs of the summary defended proceedings and sentence proceedings.

Orders

  • ['The defendant, Northpac Constructions Pty Limited, is convicted of the offence.' 'The defendant is fined $110,000 with a moiety to the prosecutor.' "The defendant is to pay the prosecutor's costs of the summary defended proceedings and of the sentence proceedings, as agreed or, in the absence of agreement, as...