Rodney Morrison v Eureka Opals Pty Limited [2005] NSWIRComm 437

Industrial Relations Commission of New South Wales in Court Session

CITATION: Rodney Morrison v Eureka Opals Pty Limited [2005] NSWIRComm 437

APPELLANT Rodney Dale Morrison PARTIES: RESPONDENT Eureka Opals Pty Limited

FILE NUMBER(S): IRC 1737 of 2005

CORAM: Wright J President; Walton J Vice-President; Boland J

Appeal - Leave to appeal - Occupational health and safety - Section 17(1)(a) of Occupational Health and Safety Act 1983 - Respondent was owner of opal mining Claim - Person injured by roof fall - Whether Claim was "non-domestic premises" within the meaning of the Act - Whether Claim made available to persons not employed by the respondent - Whether Claim made available as a place of work - Whether respondent had, to any extent, control of the Claim - Whether respondent failed to ensure Claim and the means of access thereto or egress therefrom were safe and without risk to health - Defences under s 53 of Occupational Health and Safety Act 1983 - Legal and factual errors found to have occurred at first instance - Appeal upheld CATCHWORDS: Occupational health and safety - Appeal - Section 17(1)(a) of Occupational Health and Safety Act 1983 - Respondent was owner of opal mining Claim - Person injured by roof fall - Whether Claim was "non-domestic premises" within the meaning of the Act - Whether Claim made available to persons not employed by the respondent - Whether Claim made available as a place of work - Whether respondent had, to any extent, control of the Claim - Whether respondent failed to ensure Claim and the means of access thereto or egress therefrom were safe and without risk to health - Defences under s 53 of Occupational Health and Safety Act 1983 - Legal and factual errors found to have occurred at first instance - Appeal upheld