NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ken Kumar v JR Haulage Pty Ltd t/as State Warehousing and Distribution Services [2005] NSWIRComm 457
Prosecution: Inspector Ken Kumar PARTIES: Defendant: JR Haulage Pty Ltd t/as State Warehousing and Distribution Services
FILE NUMBER(S): IRC3080 of 2005
CORAM: Kavanagh J
CATCHWORDS: Breach of s8(1) of Occupational Health and Safety Act 2000 - Use of machine by employee who was not qualified and not fully trained – Supervision unsatisfactory - Guilty plea - penalty
Occupational Health and Safety Act 2000 8(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 ss21A 22 23 34
Capral Aluminium Limited v WorkCover Authority of NSW (Insp Mayo-Ramsay) (2000) 49 NSWLR 610, (1999-2000) 99 IR 29 Depart of Mineral Resources of NSW (Chief Inspector B R McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Markarian v R (2005) 215 ALR 213 CASES CITED: R v Sharma (2002) 54 NSWLR 300 R v Thomson, R v Houlton (2000) 49 NSWLR 383, (2000) 115 A Crim R 104 Tyler v Sydney Electricity (1993) 47 IR 1
HEARING DATES: 11/30/2005
DATE OF JUDGMENT: 12/16/2005
Prosecutor: Ms P.E. McDonald Solicitors: Ms R. Panagoda LEGAL REPRESENTATIVES: WorkCover Authority
Defendant: Mr A.B. Gotting Solicitors: Holding Redlich
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