WorkCover Authority (NSW) (Inspector Stewart) v The Crown in Right of the State of NSW (Department of Education and Training, Department of Juvenile Justice and TAFE) [2002] NSWIRComm 259

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority (NSW) (Inspector Stewart) v The Crown in Right of the State of NSW (Department of Education and Training, Department of Juvenile Justice and TAFE) [2002] NSWIRComm 259 PROSECUTOR: Inspector Fiona Stewart PARTIES : DEFENDANT: The Crown in Right of the State of New South Wales, Department of Education and Training, Department of Juvenile Justice, Technical And Further Education Commission. FILE NUMBER: 3466 of 2001 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - stabbing injury - foreseeability - risk known and foreseen - statutory obligations - competing interests - best interests of employees - specific deterrence - costs - penalty imposed Children's (Detention Centres) Act 1987 s 4 s 14 LEGISLATION CITED : Children (Detention Centres) Regulation 2000 s 16 Mental Health Act Occupational Health and Safety Act 1983 s 15 s 48 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 CASES CITED : Lawrenson Diecasting v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 WorkCover Authority (NSW) (Inspector Ankucic) v McDonald's Australia Limited (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Pompili) v Central Sydney Area Health Service [2002] NSWIRComm 44 HEARING DATES: 09/10/2002 DATE OF JUDGMENT: 10/10/2002

PROSECUTOR: Ms. F. Backman of Counsel Legal Services Branch LEGAL REPRESENTATIVES: DEFENDANT: Mr B. D. Hodgkinson SC Crown Solicitors Office