Inspector Brett Martin v True Perspective Pty Limited [2002] NSWIRComm 197

Inspector Brett Martin v True Perspective Pty Limited [2002] NSWIRComm 197

The defendant failed to provide a safe system of work and adequate training and supervision for both its employee and non-employees involved in dismantling the ramp, breaching its statutory obligations under ss15(1) and 16(1) of the Occupational Health and Safety Act 1983, and was therefore convicted and penalised. Application for avoidance of conviction under s10 Crimes (Sentencing Procedures) Act 1999 was rejected due to the non-trivial nature and absence of extenuating circumstances.

Jurisdiction
Australia
Judgment Date
16 August 2002
Procedural Posture
Prosecution / Judgment
Outcome
defendant convicted and fined
Legal Topics
['safe System of Work' 'training and Supervision' 'mitigation of Penalty' 'application of S10 Crimes (sentencing Procedures) Act' 'totality Principle']
['occupational Health and Safety' 'criminal Law'] ['safe System of Work' 'training and Supervision' 'mitigation of Penalty' 'application of S10 Crimes (sentencing Procedures) Act' 'totality Principle']

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Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 ['Did the defendant fail to ensure a safe system of work for its employees and others at its workplace?' 'Did the defendant fail to properly train, instruct and supervise employees and non-employees performing hazardous work?' 'Is this a suitable case for application of s10 of the Crimes (Sentencing Procedures) Act 1999 to avoid conviction?']

Ratio Decidendi

The defendant failed to provide a safe system of work and adequate training and supervision for both its employee and non-employees involved in dismantling the ramp, breaching its statutory obligations under ss15(1) and 16(1) of the Occupational Health and Safety Act 1983, and was therefore convicted and penalised. Application for avoidance of conviction under s10 Crimes (Sentencing Procedures) Act 1999 was rejected due to the non-trivial nature and absence of extenuating circumstances.

Court Disposition

defendant convicted and fined

Orders

  • ['Defendant fined $35,000 with a moiety to the WorkCover Authority.' "Defendant to pay prosecution's costs as agreed at $8,500."]