NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Malone v Shaw Aiton Australia Pty Ltd [2003] NSWIRComm 359 PROSECUTOR Inspector Barry Malone PARTIES : DEFENDANT Shaw Aiton Australia Pty Ltd FILE NUMBER: IRC4605 of 2002 CORAM: Peterson J CATCHWORDS : Occupational health and safety - Plea of guilty - Employee suffering fatal fall injuries - Maintenance worker working within air gas/heater of standard design with design defect - Quantification of penalty - Principle of parity - Penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s15(1) Inspector Malone v Delta Electricity [2003] NSWIRComm 212, 10 July 2003, unreported CASES CITED : Lowe v The Queen (1984) 154 CLR 606 Warman International Ltd v WorkCover Authority of New South Wales (1988) 80 IR 326 HEARING DATES: 10/20/2003 DATE OF JUDGMENT: 10/24/2003
PROSECUTOR Mr G M Galluzzo of counsel
SOLICITOR WorkCover Authority of New South Wales SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC with Mr G Wilson of counsel
SOLICITOR Leitch Hasson Dent SYDNEY.
JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION CORAM: PETERSON J
DATE: 24 OCTOBER 2003
Matter No. IRC4605 of 2002
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