WorkCover Authority of NSW (Insp Shoobert) v Anchor Plastics Pty Ltd [2001] NSWIRComm 204

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Insp Shoobert) v Anchor Plastics Pty Ltd [2001] NSWIRComm 204 PROSECUTOR WorkCover Authority of New South Wales (Inspector Shoobert) PARTIES : DEFENDANT Anchor Plastics Pty Ltd FILE NUMBER: IRC 4309 of 2000 CORAM: Marks J CATCHWORDS : Occupational Health and Safety prosecution - Plea of guilty - Circumstances analogous to a casual act of negligence of an employee LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) CASES CITED : R v Thomson, R v Houlton (2000) NSW CCA 309 State Rail Authority of NSW v WorkCover Authority of NSW (2000) 102 IR 218 at 236 HEARING DATES: 08/02/2001; 08/03/2001 DATE OF JUDGMENT: 09/13/2001

PROSECUTOR Ms A F Backman of counsel SOLICITORS WorkCover Authority

LEGAL REPRESENTATIVES: DEFENDANT Mr L V Gyles of counsel SOLICITOR Mr David Hand

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Thursday 13 September 2001

Matter No IRC 4309 of 2000 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSPECTOR SHOOBERT) v ANCHOR PLASTICS PTY LTD Prosecution under s 15 (1) of the Occupational Health and Safety Act 1983

JUDGMENT

1 By summons the defendant Anchor Plastics Pty Ltd has been charged by the Prosecutor Inspector David Shoobert of the WorkCover Authority of New South Wales with a breach of s 15(1) of the Occupational Health and Safety Act 1983 ("the Act").