Inspector Howard v ACN 002 593 615 Pty Ltd formerly known as Winterton Constructions (NSW) Pty Ltd [2002] NSWIRComm 355

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Howard v ACN 002 593 615 Pty Ltd formerly known as Winterton Constructions (NSW) Pty Ltd [2002] NSWIRComm 355 PROSECUTOR Inspector Dennis Howard PARTIES : DEFENDANT ACN 002 593 615 Pty Ltd formerly known as Winterton Constructions (NSW) Pty Ltd FILE NUMBER: IRC 8047 of 2001 CORAM: Marks J CATCHWORDS : Occupational health and safety prosecution - Plea of guilty - Fine imposed. LEGISLATION CITED : Occupational Health & Safety Act 2000 HEARING DATES: 12/10/2002 DATE OF JUDGMENT: 12/18/2002

PROSECUTOR Mr R Reitano of counsel SOLICITORS WorkCover Authority of NSW LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC SOLICITORS Carroll & O'Dea

JUDGMENT: - 1 - INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 18 December 2002 Matter No IRC 8047of 2001 INSPECTOR DENNIS HOWARD v ACN 002 593 615 PTY LTD formerly known as WINTERTON CONSTRUCTIONS (NSW) PTY LTD Prosecution pursuant to s 17(1) of the Occupational Health and Safety Act 1983

JUDGMENT

1 The defendant ACN 002 593 615 Pty Ltd formerly known as Winterton Constructions (NSW) Pty Ltd has been charged by the prosecutor an Inspector with the WorkCover Authority of New South Wales with a breach of section 17(1) of the Occupational Health and Safety Act 1983 ("the Act"), and has pleaded guilty to that charge. This judgment is confined to the imposition of a penalty.