NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WCA v Galicia Cons. Pty Limited [2000] NSWIRComm 195 PROSECUTION: WorkCover Authority of New South Wales (Insp Dubois) PARTIES : DEFENDANT: Galicia Cons. Pty Limited FILE NUMBER: IRC2485 of 1999 CORAM: Maidment J CATCHWORDS : Plea of guilty, consideration of culpability in unusual circumstances, penalty unduely repressive, company discharged on condition of good behaviour bond. Occupational Health & Safety Act 1983 LEGISLATION CITED : s15(1) Crimes (Sentencing Procedure) Act 1999 HEARING DATES: 05/31/2000 DATE OF JUDGMENT: 09/29/2000
PROSECUTOR: Mr M Cahill of counsel
SOLICITOR: Mr N Correy Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R Reitano of counsel
SOLICITOR: Ms D Banks Gilbert & Tobin
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MAIDMENT J DATE: 29 SEPTEMBER 2000 Matter No. IRC/2485 of 1999. WorkCover Authority of New South Wales (Insp Dubois) v Galicia Cons. Pty Limited. Prosecution under s 15(1) of the Occupational Health & Safety Act 1983. JUDGMENT
1 On 13 June, 1997 Jerko Vranjkovic, an employee of Galicia Constructions Pty Ltd (Galicia), was injured whilst working as a rigger on a road bridge construction site, the head contractor being Belmadar Constructions Pty Ltd (Belmadar). Galicia has entered a plea of guilty to a consequential prosecution under s.15(1) of the Occupational Health & Safety Act 1983.
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