Inspector Steven McMartin v The Crown in Right of the State of New South Wales (National Parks and Wildlife Service) [2003] NSWIRComm 364

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Steven McMartin v The Crown in Right of the State of New South Wales (National Parks and Wildlife Service) [2003] NSWIRComm 364 PROSECUTOR Inspector Steven McMartin PARTIES : DEFENDANT: The Crown in Right of the State of New South Wales (National Parks andWildlife Service) FILE NUMBER: IRC 6889 of 2002 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act, 1983 - s 15(1) - plea of guilty - fitting of a bucket to front end loader - bucket falls injuring two employees - lack of safe system of work, instruction and supervision - risk foreseeable - serious nature of breach not in issue - consideration of previous convictions - significant subjective features - early plea - primary penalty discounted by 35 per cent - fine imposed

Supreme Court (Summary Jurisdiction) Act 1967 LEGISLATION CITED : Industrial Relations Act 1996 s 168

HEARING DATES: 10/03/2003 DATE OF JUDGMENT: 10/30/2003

PROSECUTOR: Mr D O'Neil of counsel SOLICITOR: Mr David Morris Phillips Fox LEGAL REPRESENTATIVES: DEFENDANT: Mr P Whitford of counsel SOLICITOR: Ms Vivienne Ingram NSW National Parks & Wildlife Service

JUDGMENT: - 14 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION