NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Chris Henson v ABB Australia Pty Ltd [2005] NSWIRComm 373
PROSECUTOR: Inspector Chris Henson PARTIES: DEFENDANT: ABB Australia Pty Ltd
FILE NUMBER(S): IRC 2674 of 2005
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8(2) early plea entered by defendant - extensive safe working methods adopted by defendant but not enforced by supervising foreman - labour hire employee seriously injured by fall - defendant's system required work at heights to be performed with fall protection equipment - safety harnesses available but not used or directed to be used by defendant - prompt and thorough steps taken by defendant following accident to address risk of working at heights - significant subjective factors - no prior convictions - sizeable undertaking employing and engaging a large workforce - substantial discount allowed on penalty CATCHWORDS:
HEARING DATES: 10/18/2005 EXTEMPORE JUDGMENT DATE: 10/18/2005
PROSECUTOR: Mr D Chin of counsel SOLICITORS: Phillips Fox
LEGAL REPRESENTATIVES:
DEFENDANT: Mrs W Thompson of counsel SOLICITORS: Carroll & O'Dea
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Haylen J 18 October 2005
Matter No IRC 2674 of 2005 Inspector Chris Hanson v ABB Australia Pty Ltd. Prosecution under s 8(2) of the Occupational Health and Safety Act 2000 EX TEMPORE JUDGMENT [2005] NSWIRComm 373
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