NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Seneviratne v Caltex Petroleum Distributors Pty Ltd [2005] NSWIRComm 192
Prosecutor: Inspector Seneviratne PARTIES: Defendant: Caltex Petroleum Distributors Pty Ltd
FILE NUMBER(S): IRC4758 of 2004
CORAM: Kavanagh J
CATCHWORDS: Occupational Health and Safety Act 2000 - judgment as to penalty for s8(1) offence - early plea of guilty entered - failure to risk assess a recognised dangerous task - failure to devise a work method for task - basic safety procedures for transferring fuel ignored - potential risk most serious - multi-corporate operation requires co-ordination for risk assessment and design of work method, task specific - no prior conviction - costs agreed
LEGISLATION CITED: Occupational Health and Safety Act 2000
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 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Capral Aluminium Limited v WorkCover Authority of NSW (Insp Mayo-Ramsay) (2000) 49 NSWLR 610 Haynes v James Glass and Aluminium Pty Limited (unreported, Fisher CJ, CT91/772-775, 20 May 1994) CASES CITED: R v Thomson, R v Houlton (1999-2000) 49 NSWLR 383, (2000) 115 ACrimR 104 Markarian v The Queen [2005] HCA 25 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (82 LGERA 21) (1993) 32 NSWLR 683
HEARING DATES: 05/26/2005; 07/05/2005
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