Inspector Gary Mason v Namoi Cotton Co-Operative Ltd [2003] NSWIRComm 412

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Gary Mason v Namoi Cotton Co-Operative Ltd [2003] NSWIRComm 412 PARTIES : Inspector Gary Mason Namoi Cotton Co-Operative Ltd FILE NUMBER: IRC 1948 of 2003 CORAM: Curtis AJ CATCHWORDS : Occupational health and safety - plea of guilty LEGISLATION CITED : Occupational Health and Safety Act 2000 CASES CITED : R v Dodd (1991) 57 A Crim R 349 HEARING DATES: 11/17/2003 EXTEMPORE JUDGMENT DATE : 11/17/2003

PROSECUTOR: Miss P F Lowson of counsel SOLICITORS: Moray and Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R F Crow of counsel SOLICITORS: Mallesons Stephen Jacques

JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM : CURTIS AJ 17 NOVEMBER 2003

IRC1948 of 2003 INSPECTOR GARY MASON v NAMOI COTTON CO-OPERATIVE LIMITED Prosecution under s 8(1) of the Occupational Health and Safety Act 2000.

EX TEMPORE JUDGMENT

THE CHARGE 1 The defendant company pleads guilty to a charge that on 18 April 2002 it failed to ensure the health, safety and welfare of its employee Neville McKnight at its cotton ginning mill at Mungendi Road, Ashley.

THE FACTS

2 On 18 April 2002 Mr McKnight was employed to work as the supervisor at cotton ginning mills which included a mill described as "number 2 ginning mill." This machine, by a combination of blades and brushes mounted on revolving cylinders, removes impurities and cotton seed from the cotton bolls and produces lint.