NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Daniel Beavon v Roads and Traffic Authority of NSW [2003] NSWIRComm 360 INSPECTOR DANIEL BEAVON Prosecutor PARTIES : ROADS AND TRAFFIC AUTHORITY OF NSW Defendant FILE NUMBER: IRC 4376 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under section 15(1) of the Occupational Health and Safety Act 1983 - early plea of guilty - maintenance truck driver lighting burners on spray wagon trucks - failure to supervise - failure to ensure adequate information, instructions and training - specific deterrence - co-operation with prosecutor - contrition - penalty imposed - reduction - moiety to prosecutor - defendant to pay prosecutor's costs as agreed or in accordance with the Rules LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 Veen v The Queen (No 2) (1988) 164 CLR 465 HEARING DATES: 10/21/2003 DATE OF JUDGMENT: 10/27/2003
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: WorkCover Authority Legal Group LEGAL REPRESENTATIVES: DEFENDANT: Mr B Hodgkinson SC SOLICITORS: Sparke Helmore
JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J
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