Inspector Colin West v Parsons Bus Service Pty Ltd [2002] NSWIRComm 148

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Colin West v Parsons Bus Service Pty Ltd [2002] NSWIRComm 148 PROSECUTOR Inspector Colin West PARTIES : WorkCover Authority of New South Wales

DEFENDANT Parsons Bus Service Pty Ltd FILE NUMBER: IRC 4797 of 2001 CORAM: Marks J CATCHWORDS : Occupational Health & Safety - Plea of guilty - Defendant not aware of existence of equipment which was unguarded and inappropriately used - Defendant fined $30,000. LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED :

HEARING DATES: 06/27/2002 DATE OF JUDGMENT: 07/12/2002

PROSECUTOR Mr D Chin of counsel Phillip Fox Lawyers

LEGAL REPRESENTATIVES: DEFENDANT Mr D I Talintyre of counsel Stacks - The Law Firm

JUDGMENT:

INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 12 July 2002 Matter No IRC 4797 of 2001 INSPECTOR COLIN WEST v PARSONS BUS SERVICE PTY LTD Prosecution pursuant to s 15(1) of the Occupational Health and Safety Act 1983

JUDGMENT 1 The defendant in these proceedings, Parsons Bus Service Pty Ltd has been charged with the offence of breach of s 15(1) of the Occupational Health and Safety Act 1983 ("the Act"). It has pleaded guilty to the charge and this judgment deals only with the question of penalty.