Inspector Wayne James v Seda Pty Ltd [2002] NSWIRComm 369

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Wayne James v Seda Pty Ltd [2002] NSWIRComm 369 Prosecution: PARTIES : Inspector Wayne James Defendant: Seda Pty Ltd FILE NUMBER: IRC6718,6720,6721,6722 of 2001 CORAM: Kavanagh J CATCHWORDS : Two prosecutions under s15(1) of the Occupational Health and Safety Act 1983 - plea - question as to proceedings related to two prosecutions brought under s31R of the Act - Prosecution amended the Applications for Order after the WorkCover Authority considered whether the agreed procedure for trial would have created an aggravation which would have warranted a conviction for a more serious offence (see De Simoni) - amended charges revealed three machines had parts not guarded - no stop switches for operator- no labelling on machine - no training of employees - imported machines - no safety adjustment made to ensure compliance with New South Wales occupational, health and safety standards - failure within five months to rectify breaches of Occupational Health and Safety Act following 12 Improvement Notices from WorkCover - Penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 R v De Simoni (1981) 147 CLR 383 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales, (Inspector James Swee Ch'ng) (1999) 90 IR 464 Haynes v James Glass & Aluminium Pty Limited (unreported, CT772-775/91 20 May 1994) WorkCover Authority of New South Wales (Inspector Gregory Thomas Dawson) v Waugh & Anor (1995) 59 IR 89 WorkCover Authority of New South Wales v Zac's Pax Pty Limited (unreported, Fisher CJ, CT1282 of 1994, 20 December 1995) WorkCover Authority of New South Wales (Inspector Glass) v ACI Operations Pty Limited (unreported, Schmidt J, CT1025 of 1993, 25 February 1994) Watson v Southern Asphalters Pty Limited (1998) 83 IR 446 CASES CITED : Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) 49 NSWLR 610 and (1999-2000) 99 IR 29 WorkCover Authority of NSW (Inspector Callaghan) v Saunders Constructions Pty Ltd (unreported, Maidment J, CT93/1062, 26.11.93) Pearce v The Queen (1998) 194 CLR 610 R v Holder, R v Johnston [1983] 3 NSWLR 245 Crown in Right of the State of NSW (Dept of Education and Training) v Keenan (2001) IR 105 181