Inspector Mansell v Robert Josef [2003] NSWIRComm 376

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Mansell v Robert Josef [2003] NSWIRComm 376 PARTIES : Workcover Authority of NSW (Inspector Mansell) Robert Josef FILE NUMBER: IRC 5486 and IRC 5487 of 1999 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 09/15/2003; 09/16/2003; 09/17/2003; 09/18/2003; 09/19/2003; 10/07/2003; 10/08/2003; 10/09/2003; 10/10/2003; 10/27/2003; 10/28/2003; 10/29/2003; 10/30/2003 EXTEMPORE JUDGMENT DATE : 10/30/2003

Prosecutor: Mr J M Joseph SC with Mr P M Skinner Solicitors: Moray and Agnew LEGAL REPRESENTATIVES: Defendant: Mr J R Young of counsel Solicitors: James Legal

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: CURTIS AJ Date: 30 October 2003

Matter No IRC 5486 and 5487of 1999 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSP MANSELL) v ROBERT JOSEF Prosecutions under section 50(1) of the Occupational Health and Safety Act 1983

JUDGMENT [2003] NSWIRComm 376

CHARGE NUMBER 5486 of 1999 1 Robert Josef is charged pursuant to s50(1) of the Occupational Health and Safety Act 1983 in that between 10 November 1995 and 4 December 1995 he was a Director concerned in the management of Josef and Sons Contracting Pty Ltd which company then contravened s15(1) of the Act in that it failed to ensure the health, safety and welfare of certain named employees.

2 I have canvassed the facts in my reasons for judgment in matter number IRC 5488 of 1999, WorkCover Authority of New South Wales (Inspector Mansell) v Robert Josef [2003] NSWIRComm 375 (29 October 2003) and incorporate those findings in these reasons.