NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Ian Lancaster v Burnshaw Constructions Pty Limited [2001] NSWIRComm 306 PROSECUTOR: Inspector Ian Lancaster PARTIES : DEFENDANT: Burnshaw Constructions Pty Limited FILE NUMBER: IRC 4078 of 2000 CORAM: Glynn J CATCHWORDS : Occupational Health and Safety Act 1983 - Prosecution under s 15(1) - Plea of guilty - machinery guarded but in certain circumstances saw blade extended beyond bench top - deterrence - offence in lower range. Occupational Health and Safety Act 1983 s 15(1) LEGISLATION CITED : Factories Shops and Industries Act 1962 s 27(1) Fines Act 1996 s 6 Capral Aluminium v WorkCover Authority of NSW (2000) 99 IR 29 CASES CITED : Haynes v James Glass and Aluminium Pty Limited (unreported, CT91/772-775, 20/5/94) WorkCover Authority of NSW (Inspector Mulder) v Arbor Products International (Australia) Pty Ltd [2000] NSWIRComm 12 HEARING DATES: 10/15/2001 DATE OF JUDGMENT: 11/30/2001
PROSECUTOR Mr P M Skinner of counsel SOLICITORS Moray & Agnew (Mr N A Correy) LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC SOLICITORS DGB Lawyers (Mr P C Holmes)
JUDGMENT: 9 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: GLYNN J
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