Inspector Brandie v Phillips [2012] NSWIRComm 137

Inspector Brandie v Phillips [2012] NSWIRComm 137

The defendants were found to have committed serious breaches of occupational health and safety duties (Phillips Roofing for failing to ensure safety at work, Richard Phillips for failing to comply with an inspector's notice); the gravity of breaches warranted penalties with consideration for first offender status and guilty pleas, but not the maximum discount.

Parties
Prosecutor: Inspector Phillip Brandie; Defendant: Richard Phillips; Defendant: Phillips Roofing (Newcastle) Pty Ltd
Jurisdiction
Australia
Judgment Date
03 December 2012
Procedural Posture
Criminal Prosecution / Final Judgment
Outcome
Both defendants found guilty; fines and costs imposed.
Legal Topics
Breach of Workplace Safety Duties, Failure to Comply With Inspector's Notice, Risk Assessment and Safety Nets, Deterrence in Sentencing
Occupational Health and Safety Industrial Law Breach of Workplace Safety Duties Failure to Comply With Inspector's Notice Risk Assessment and Safety Nets Deterrence in Sentencing

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Parties

Inspector Phillip Brandie

Prosecutor

Richard Phillips

Defendant

Phillips Roofing (Newcastle) Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Final Judgment

Legal Issues

  1. 1 Did Phillips Roofing (Newcastle) Pty Ltd breach s 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure the health, safety, and welfare of their employees?
  2. 2 Did Richard Phillips fail to comply with a notice to attend an interview issued under s 62, thereby breaching s 66(a) of the Occupational Health and Safety Act 2000?

Ratio Decidendi

The defendants were found to have committed serious breaches of occupational health and safety duties (Phillips Roofing for failing to ensure safety at work, Richard Phillips for failing to comply with an inspector's notice); the gravity of breaches warranted penalties with consideration for first offender status and guilty pleas, but not the maximum discount.

Court Disposition

Both defendants found guilty; fines and costs imposed.

Orders

  • Phillips Roofing (Newcastle) Pty Ltd found guilty of breach of s 8(1) of the Occupational Health and Safety Act 2000; fined $75,000 (half to prosecutor); pay prosecutor's costs of $7500.
  • Richard Phillips found guilty of breach of s 66(a) of the Occupational Health and Safety Act 2000; fined $2750 (half to prosecutor); pay prosecutor's costs of $7500.