WorkCover (Inspector Calvez) v TAFE Commission

District Court

New South Wales

Medium Neutral Citation:

WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108

Hearing dates:

14/07/2014

Decision date:

14 July 2014

Jurisdiction:

Criminal

Before:

Curtis J

Decision:

Defendant is convicted

Defendant is fined $300,000 with a moiety to the prosecutor

The defendant is to pay the prosecutor's costs as agreed or assessed

Legislation Cited:

Occupational Health and Safety Act 2000
Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Tesco v Nattrass [1972] AC 153
Meridian Global Funds managment Pty Ltd v Securities Commission [1995] 3 All ER 918
Commonwealth v Intovigne [1982] HCA 40; 150 CLR 258
Cahill v State of NSW (Department of Community Services) (No 4) [2008] NSWIRComm 201

Category:

Sentence

Parties:

WorkCover Authority of New South Wales (Inspector Amanda Clavez) (Prosecutor)
Technical & Further Education Commission (also known as TAFE Commission) (Defendant)

Representation:

M P Cahill appeared for the Prosecutor
M L Shume appeared for the Defendant
WorkCover Authority of New South Wales (Prosecutor)
Department of Education & Legal Services (Defendant)

File Number(s):

2012/333950

REMARKS ON SENTENCE

HIS HONOUR:

1. On 24 March 2009 Sarah Waugh, then aged 18 and a relatively inexperienced rider, was fatally injured when, in the course of a riding lesson, she fell from a horse named Dargo as the horse broke into an uncontrolled gallop approaching an open gate leading to its stable.

1. The riding lesson was part of a course conducted by the Dubbo Rural Skills and Environment Centre where Ms Waugh was enrolled as an agricultural student. The centre was owned and operated by the Technical and Further Education Commission (TAFE).

1. TAFE has pleaded guilty to the charge that, contrary to its duties under section 8(2) of the Occupational Health and Safety Act 2000, it failed to ensure that Ms Waugh was not exposed to risk.

1. Dargo was supplied to the Dubbo Centre by Mr Glenn Manton, an experienced horseman and horse trainer, who had contracted to supply to the Dubbo Centre, horses which were "quiet and suitable for beginner riders". The horse was purchased by Mr Manton on 16 February 2009 from Mr John McKinnon, a local racehorse trainer, and delivered to the Centre on 23 February 2009.

1. Although Dargo was described as "pretty quiet" by his track rider and "quiet, well behaved and did not show any signs of being nervous, flighty or temperamental" by another experienced observer, he was unsuitable for use by a relatively inexperienced rider such as Ms Waugh because he was a thoroughbred racehorse who had last raced on 7 February 2009, approximately six weeks before the incident.

1. It is well known that as a consequence of race training thoroughbred horses are unlikely to be suitable for beginner novice riders in the absence of retraining and reconditioning. Such training is directed to making the horse more unresponsive to unintentional and inappropriate cues from inexperienced riders.

1. On 23 February Dargo was assessed by Mr Geoffrey Bastian, the head teacher of the course, and Ms Sara Falkiner, the teacher assigned to…