NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Charles v Worth Recycling Pty Limited [2002] NSWIRComm 157 PROSECUTOR Inspector Stephen Charles PARTIES : DEFENDANT Worth Recycling Pty Limited FILE NUMBER: IRC4148 of 2001 CORAM: Peterson J CATCHWORDS : Prosecution under s16(1) of the OHS Act - plea of not guilty - removal of tanks once containing diesel - use of oxy-acetylene equipment to remove nuts instead of manual removal - whether subcontractor complying with work plan - absence of hot work permit - conflicting evidence - case not made out beyond reasonable doubt. LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : WorkCover Authority of New South Wales (Inspector McKenzie) v Waste Recycling & Processing Services of New South Wales [2000] NSWIRComm 218 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 HEARING DATES: 03/20/2002; 03/21/2002 DATE OF JUDGMENT: 07/10/2002
PROSECUTOR Mr P J Newall of counsel
SOLICITOR Price Waterhouse Coopers Legal SYDNEY.
LEGAL REPRESENTATIVES: DEFENDANT Mr J V Murphy of counsel
SOLICITOR Verekers Solicitors SYDNEY.
JUDGMENT: - 30 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
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