NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ruth Buggy v Kentan Pty Limited [2005] NSWIRComm 152
PROSECUTOR: Inspector Ruth Buggy
PARTIES: DEFENDANT: Kentan Pty Limited (ACN 002 975 984)
FILE NUMBER(S): IRC 5074 and 5077 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecutions under section 18(1)(a) and (b) of the Occupational Health and Safety Act 1983 - defendant a supplier of a Lyco hydraulically powered fence post driving machine - fatality - no plea entered - ex parte hearing - two charges established CATCHWORDS:
Occupational Health and Safety Act 1983 LEGISLATION CITED:
CASES CITED: WorkCover Authority of New South Wales (Inspector Mulder) v Arbor Products International (Australia) Pty Ltd [2001] NSWIRComm 50
HEARING DATES: 05/04/2005
DATE OF JUDGMENT: 05/12/2005
PROSECUTOR: Mr R Reitano of counsel LEGAL REPRESENTATIVES: SOLICITORS: WorkCover Authority, Legal Group
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Schmidt J
12 May 2005
Matter No IRC 5074 of 2004
INSPECTOR RUTH BUGGY v KENTAN PTY LIMITED
Prosecution under s18(1)(a) of the Occupational Health and Safety Act 1983
Matter No IRC 5077 of 2004
INSPECTOR RUTH BUGGY v KENTAN PTY LIMITED
Prosecution under s18(1)(b) of the Occupational Health and Safety Act 1983
JUDGMENT
[2005] NSWIRComm 152
1 On 23 May 2001, Mr Caine Hayward was fatally injured while working as a casual employee of a Mr William Munton, at a property at Millers Forest. Mr Hayward received a fatal crush injury to his head, while working unsupervised with another casual employee, on fencing work being undertaken by use of a Lyco hydraulically powered fence post driving machine. The defendant had supplied this machine to Mr Munton. The investigation after the accident showed that the machine was being operated with a guard placed in a folded position, which allowed the machine's hammer control mechanism to be operated, while the operator was at risk of being crushed by the falling hammer. 2 The defendant entered no plea to the charges brought against it under s18(1) of the Occupational Health and Safety Act 1983 ('the Act'). The hearing proceeded ex-parte. 3 The charges were: Matter Number IRC 5075 of 2004
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