Work Health and Safety

East Coast Pipeline Pty Ltd v Workers' Compensation Regulator [2016] QIRC 101

WORKERS' COMPENSATION - APPEAL AGAINST DECISION – whether psychological injury sustained - whether employment the major contributing factor to any injury - whether decompensation causally connected with management action – whether injury arose out of or in the course of reasonable management action.

Lisa Doust appeared for the appellants.

SafeWork (NSW) v Romanous Contractors; SafeWork (NSW v John Allen Romanous [2016] NSWDC 48

CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of employee
SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general – credit – character - deterrence – appropriate penalty
SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty
COSTS – prosecution costs

Michael Seck appeared for the offenders.