Inspector Robert Wilkie v Susan Catherine Gordon and Inspector Robert Wilkie v Richard Edward Killen Gordon [2004] NSWIRComm 316

Inspector Robert Wilkie v Susan Catherine Gordon and Inspector Robert Wilkie v Richard Edward Killen Gordon [2004] NSWIRComm 316

The defendants seriously breached their obligations under the Occupational Health and Safety Act 1983 by failing to provide a safe system for the use and storage of hazardous substances, failing to conduct or provide for adequate risk assessments, failing to provide sufficient information, training, or documentation to employees and contractors, and failing to properly manage records and labeling of chemicals. Although they pleaded guilty at the earliest opportunity and subsequently took extensive steps to remedy their practices, given the seriousness of the breaches and the professional backgrounds of the defendants, the offences warranted substantial fines and it was not an appropriate...

Parties
Prosecutor: Inspector Robert Wilkie; Defendant: Susan Catherine Gordon; Defendant: Richard Edward Killen Gordon
Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Prosecution / Sentencing
Outcome
Defendants found guilty. Fines imposed. s 10 application refused.
Legal Topics
Employer Duties, Use and Storage of Hazardous Substances, Risk Assessment, Provision of Information and Instruction, Record Keeping, Labeling of Hazardous Substances, Sentencing Principles, Application for Dismissal Under S 10 Crimes (sentencing Procedure) Act
Occupational Health and Safety Criminal Law Employer Duties Use and Storage of Hazardous Substances Risk Assessment Provision of Information and Instruction Record Keeping Labeling of Hazardous Substances +2 more

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Parties

Inspector Robert Wilkie

Prosecutor

Susan Catherine Gordon

Defendant

Richard Edward Killen Gordon

Defendant

Procedural Posture

Prosecution / Sentencing

Legal Issues

  1. 1 Whether the defendants failed to provide or maintain a safe system of work regarding hazardous substances
  2. 2 Whether the defendants failed to conduct adequate risk assessments for the use and handling of hazardous substances
  3. 3 Whether the defendants failed to provide adequate information and training to employees relating to hazardous substances

Ratio Decidendi

The defendants seriously breached their obligations under the Occupational Health and Safety Act 1983 by failing to provide a safe system for the use and storage of hazardous substances, failing to conduct or provide for adequate risk assessments, failing to provide sufficient information, training, or documentation to employees and contractors, and failing to properly manage records and labeling of chemicals. Although they pleaded guilty at the earliest opportunity and subsequently took extensive steps to remedy their practices, given the seriousness of the breaches and the professional backgrounds of the defendants, the offences warranted substantial fines and it was not an appropriate...

Court Disposition

Defendants found guilty. Fines imposed. s 10 application refused.

Orders

  • Susan Catherine Gordon is fined $7,000 for each of two offences under s 15(1) and s 16(1) and is to pay the prosecutor's costs as agreed or assessed.
  • Richard Edward Killen Gordon is fined $7,000 for each of three offences (two under s 15(1), one under s 16(1)) and is to pay the prosecutor's costs as agreed or assessed.