Inspector John Patton v Orest Peter Sywak [2003] NSWIRComm 238

Inspector John Patton v Orest Peter Sywak [2003] NSWIRComm 238

The defendant, as sole director of AUF, failed to take necessary steps to ensure company compliance with occupational health and safety obligations, resulting in serious injury to an employee. Reliance on delegation to subordinates was insufficient. A conviction was warranted, with penalty discounted for early plea and contrition.

Parties
Prosecutor: Inspector John Patton; Defendant: Orest Peter Sywak
Jurisdiction
Australia
Judgment Date
06 August 2003
Procedural Posture
Occupational Health and Safety Prosecution / Judgment After Plea of Guilty
Outcome
Convicted and fined
Legal Topics
Directors' Liability, Workplace Safety, Sentencing, Contravention of Statutory Duty
Occupational Health and Safety Industrial Law Criminal Law Directors' Liability Workplace Safety Sentencing Contravention of Statutory Duty

Case Brief

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Parties

Inspector John Patton

Prosecutor

Orest Peter Sywak

Defendant

Procedural Posture

Occupational Health and Safety Prosecution / Judgment After Plea of Guilty

Legal Issues

  1. 1 Whether the defendant, as director of Auburn United Formwork Pty Ltd, contravened section 50(1) of the Occupational Health and Safety Act 1983 for failures relating to workplace safety resulting in serious injury to an employee
  2. 2 Appropriate penalty and whether to exercise discretion not to record a conviction

Ratio Decidendi

The defendant, as sole director of AUF, failed to take necessary steps to ensure company compliance with occupational health and safety obligations, resulting in serious injury to an employee. Reliance on delegation to subordinates was insufficient. A conviction was warranted, with penalty discounted for early plea and contrition.

Court Disposition

Convicted and fined

Orders

  • Defendant to pay a penalty of $14,400, with a moiety to the prosecutor.
  • Defendant to pay prosecutor's costs as agreed or assessed by the Court.