NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Blume v LG Electronics [2003] NSWIRComm 34 PROSECUTOR Inspector Ian Blume PARTIES : DEFENDANT L G Electronics Australia Pty Limited FILE NUMBER: IRC 8554 of 2001 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Section 16(1) of the Occupational Health and Safety Act - Plea of guilty - Employee fatally injured when washing machines being transported by a forklift fell on him - Maximum penalty - Steps available to avoid risk - Deterrence - Subjective factors including early plea of guilty - Penalty imposed - Costs LEGISLATION CITED : Occupational Health and Safety Act 1983 Supreme Court (Summary Jurisdiction) Act 1967 Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) 49 NSWLR 610, (2000) 99 IR 29 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Lawrenson Diecasting v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 CASES CITED : Tyler v Sydney Electricity (1993) 47 IR 1 Watson v Southern Asphalters Pty Ltd (1998) 83 IR 446 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Limited (2000) 99 IR 163 WorkCover Authority of New South Wales v Waugh (1995) 59 IR 89 HEARING DATES: 11/25/2002 DATE OF JUDGMENT: 02/19/2003
PROSECUTOR Ms L McManus of counsel Solicitor: Ms R Panagoda WorkCover - Legal Group LEGAL REPRESENTATIVES: DEFENDANT Mr R Goot SC Solicitor: Mr S Nettleton Blake Dawson Waldron
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