WorkCover Authority of New South Wales (Inspector Batty) v The Crown in the Right of the State of New South Wales (known as New South Wales Department of Education and Training) [2000] NSWIRComm 181

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Batty) v The Crown in the Right of the State of New South Wales (known as New South Wales Department of Education and Training) [2000] NSWIRComm 181 PROSECUTOR PARTIES : WorkCover Authority of New South Wales (Inspector Batty) DEFENDANT The Crown in the Right of the State of New South Wales (known as New South Wales Department of Education and Training) FILE NUMBER: IRC2001 of 1999 CORAM: Marks J CATCHWORDS : Occupational Health and Safety prosecution - Plea of guilty - Penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) Crimes (Sentencing Procedure) Act s 10 Tuckley v The Crown in the Right of the State of New South Wales (Department of Community Services) (unrep 7 Sept 1999 IRC7324 of 1997) CASES CITED : WorkCover Authority of New South Wales v The Crown in the Right of the State of New South Wales (unrep 6 Dec 1999 IRC598 and 601 of 1998) WorkCover Authority of New South Wales v Profab Industries Pty Ltd (unrep 8 Aug 2000 IRC3741 of 1999) HEARING DATES: 08/28/2000; 08/29/2000; 08/30/2000 DATE OF JUDGMENT: 09/08/2000

PROSECUTOR Ms A F Backman of Counsel SOLICITORS OHS Prosecutions Branch, WorkCover Authority of New South Wales

LEGAL REPRESENTATIVES: DEFENDANT Mr P Menzies QC and Mr G P Craddock of Counsel SOLICITORS Legal Services Unit, NSW Department of Education and Training