NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Morrison v Zinifex Australia Limited (formerly Pasminco Australia Limited) [2005] NSWIRComm 340
PROSESCUTOR Inspector Rodney Morrison PARTIES: DEFENDANT Zinifex Australia Limited (formerly Pasminco Australia Limited)
FILE NUMBER(S): 1563 of 2001
CORAM: Marks J
CATCHWORDS: OH&S Prosecution - early guilty plea - expert evidence adduced regarding specific mining issues - objective seriousness of offence - forseeability of risk possible not probable - failure to act on a report of possible risk - company no longer operates in NSW but continues to act throughout Australia - specific deterrence - other subjective factors considered - penalty imposed - defendant charged.
LEGISLATION CITED: Occupational Health and Safety Act 1983
Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Ferguson v Nelmac Pty Ltd (1999) 92 IR 188 CASES CITED: Morrison v Coal Operations Australia Limited (No 2) [2005] NSWIRComm 96 R v Olbrich (1999) 199 CLR 270
HEARING DATES: 04/12/2005; 09/15/2005
DATE OF JUDGMENT: 11/18/2005
PROSECUTOR Mr R J Burbidge QC and Mr J Kernick Solicitor: Ms A Paul Crown Solicitors Office
LEGAL REPRESENTATIVES:
DEFENDANT Mr K Bennett of counsel Solicitor: Mr S Nettleton Blake Dawson Waldron
JUDGMENT:
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