WorkCover Authority of NSW (Inspector Mulder) v Perisher Blue Limited [2002] NSWIRComm 289

WorkCover Authority of NSW (Inspector Mulder) v Perisher Blue Limited [2002] NSWIRComm 289

The defendant failed to ensure the health and safety of employees under section 15(1) of the Occupational Health and Safety Act 1983 due to insufficient monitoring of weather conditions prior to operating the Double Chair lift, making the risk foreseeable and the offence objectively serious. Discount for early guilty plea and mitigation factors are applied, resulting in a penalty.

Parties
Prosecutor: WorkCover Authority of New South Wales (Inspector Mulder); Defendant: Perisher Blue Limited
Jurisdiction
Australia
Judgment Date
31 October 2002
Procedural Posture
Prosecution / Sentencing After Guilty Plea
Outcome
convicted and fined
Legal Topics
Objective Seriousness of Offence, Foreseeability, Deterrence, Safe Plant and Systems of Work
Occupational Health and Safety Industrial Law Objective Seriousness of Offence Foreseeability Deterrence Safe Plant and Systems of Work

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Parties

WorkCover Authority of New South Wales (Inspector Mulder)

Prosecutor

Perisher Blue Limited

Defendant

Procedural Posture

Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the defendant failed to ensure the health, safety and welfare at work of its employees by failing to provide safe plant and systems of work in contravention of section 15(1) of the Occupational Health and Safety Act 1983
  2. 2 Objective seriousness and foreseeability of risk
  3. 3 Appropriate penalty and role of deterrence

Ratio Decidendi

The defendant failed to ensure the health and safety of employees under section 15(1) of the Occupational Health and Safety Act 1983 due to insufficient monitoring of weather conditions prior to operating the Double Chair lift, making the risk foreseeable and the offence objectively serious. Discount for early guilty plea and mitigation factors are applied, resulting in a penalty.

Court Disposition

convicted and fined

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant is fined an amount of $91,000 with a moiety to the prosecutor.