NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Gjaltema v Boral Australian Gypsum Limited [2005] NSWIRComm 252
PROSECUTOR Inspector John Gjaltema PARTIES: DEFENDANT Boral Australian Gypsum Limited
FILE NUMBER(S): IRC 6946 of 2003
CORAM: Boland J
CATCHWORDS: Occupational Health and Safety - Prosecution under section 8(2) of the Occupational Health and Safety Act - Building industry - Self employed contractor fatally injured - Issue of safe system of work - Plea of guilty - Offence proven - Penalty imposed
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 2000
Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Inspector Gjaltema v Masterbuilt Pty Limited [2004] NSWIRComm 399 Nesmat Pty Limited v WorkCover Authority of New South Wales (1998) 87 IR 312 CASES CITED: R v Thomson, R v Houlton (2000) 49 NSWLR 383 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Limited (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Ltd (No 2) (2000) 99 IR 163
HEARING DATES: 04/18/2005
DATE OF JUDGMENT: 07/22/2005
PROSECUTOR Mr J V Agius SC and Ms L McManus of counsel Solicitor: Ms R Panagoda WorkCover Authority LEGAL REPRESENTATIVES:
DEFENDANT Mr G J Hatcher SC Solicitor: Mr A Morrissey Hunt & Hunt Lawyers
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