NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Robert Wilkie v Noel Thomas Nicholson & Anor [2005] NSWIRComm 146
Prosecutor: Inspector Robert Wilkie
PARTIES: Defendants: Noel Thomas Nicholson John Dean Thomas Nicholson
FILE NUMBER(S): IRC4037 & 4038 of 2004
CORAM: Kavanagh J
CATCHWORDS: Occupational Health and Safety - Two prosecutions under s8(1) of the Occupational Health and Safety Act 2000 (NSW) - Father and son partnership in small business - Plea of guilty from each defendant - no formalised system of work nor risk assessment of tasks nor training or instruction - Experienced and qualified employees no answer to an employer's failure to comply with statutory obligations - Fine - moiety to prosecutor - costs
LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of NSW (Insp Mayo-Ramsay) (2000) 49 NSWLR 610, (1999-2000) 99 IR 29 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Haynes v James Glass and Aluminium Pty Limited (unreported decision of Fisher CJ, CT91/772-775, 20 May 1994) CASES CITED: Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 Tyler v Sydney Electricity (1993) 47 IR 1
HEARING DATES: 04/22/2005
DATE OF JUDGMENT: 05/19/2005
Prosecutor: Mr R. Reitano of counsel Solicitors: Mr N. A. Correy Moray & Agnew
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