NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover v Kevin R Sheather Services Pty Ltd [2001] NSWIRComm 74 PROSECUTOR WorkCover Authority of New South Wales (Inspector Maltby) PARTIES : DEFENDANT Kevin R Sheather Services Pty Limited FILE NUMBER: IRC5578-5579 of 1999 CORAM: Peterson J CATCHWORDS : Occupational health and safety - alleged breaches of s.16(1) - electrical switchboard - pyrotenax cables - explosion - serious injuries - labour-hire employees - allegation of failure to ensure that persons not in its employment were not exposed to risks - failure to provide a safe system of work - unlicensed electrician - specific instruction to a worker not to perform a particular task - provision of appropriate special equipment and also opportunity to perform the work - failure in context of supervision. LEGISLATION CITED : Occupational Health and Safety Act 1983 Ridge Consolidated Pty Ltd v WorkCover Authority of New South Wales (Inspector Mauger) [2000] 100 IR 156 CASES CITED : WorkCover Authority of New South Wales (Inspector Twynam-Perkins) v. Maine Lighting Pty Ltd (1995) 100 IR 248 Riley Australian Hire Pty Ltd [2001] NSWIRComm 31 HEARING DATES: 06/21/2000; 06/22/2000; 06/23/2000; 07/11/2000 DATE OF JUDGMENT: 04/10/2001
PROSECUTOR Ms P M McDonald of counsel SOLICITOR Price Waterhouse Coopers Legal SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr J W Conomos of counsel SOLICITOR McLachlan Chilton
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