NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Ruth Buggy v Hunter Area Health Service [2003] NSWIRComm 462 PROSECUTOR: Inspector Ruth Buggy PARTIES : DEFENDANT: Hunter Area Health Service FILE NUMBER: IRC 3712 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under section 15 of the Occupational Health and Safety Act 1983 - acute psychiatric hospital - early plea entered - failure to maintain safe hospital emergency communication system - duress alarm system breakdown - assault - defendant guilty of charge - penalty imposed - reduction - moiety to prosecutor - defendant to pay prosecutor's costs as agreed or assessed in accordance with the Court's Rules LEGISLATION CITED : Occupational Health and Safety Act 1983 Mental Health Act 1990 (NSW) CASES CITED : WorkCover Authority of New South Wales (Inspector Pompili) v Central Sydney Area Health Service (2002) 112 IR 245 WorkCover Authority of New South Wales (Inspector Tuckley) v The Crown in the Right of the State of New South Wales (Department of Community Services) (1999) 96 IR 1 HEARING DATES: 12/08/2003 DATE OF JUDGMENT: 12/19/2003
PROSECUTOR: Ms PF Lowson of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr BD Hodgkinson SC with Mr ML Shume of counsel SOLICITORS: Sparke Helmore
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