Rodney Morrison v Akula Pty Limited formerly known as RaiseBore Australia Pty Ltd [2004] NSWIRComm 41

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rodney Morrison v Akula Pty Limited formerly known as RaiseBore Australia Pty Ltd [2004] NSWIRComm 41 PROSECUTOR Inspector Rodney Morrison PARTIES : DEFENDANT Akula Pty Limited formerly known as RaiseBore Australia Pty Ltd FILE NUMBER: IRC 2983 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 17 (1) of the Occupational Health and Safety Act 1983 - Mining industry - Person fatally injured in rock fall from ventilation shaft - Premises - Premises made available as place of work - Control - Defences under section 53 - Plea of not guilty Offence proven LEGISLATION CITED : Occupational Health and Safety Act 1983 Mines Inspection Act 1901 Federal Commissioner of Taxation v ANZ Banking Group (1979) 143 CLR 499 McMartin v Broken Hill Pty Co Ltd (2000) 100 IR 241 CASES CITED : McMillan, Britton & Kell v WorkCover Authority of New South Wales (Inspector Blake) (1999) 89 IR 464 WorkCover Authority (Inspector Ankucic) v McDonald's Australia Ltd (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Constructions Australia Limited (2002) 123 IR 121 HEARING DATES: 02/16/2004; 02/17/2004; 02/18/2004; 02/19/2004 DATE OF JUDGMENT: 03/09/2004

PROSECUTOR Mr R J Burbidge QC with Mr M K Scott of counsel Solicitor: Ms B Bourke Crown Solicitors Office LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC with Mr M L Shume of counsel Solicitor: Mr G Phillips Carroll & O'Dea Lawyers