NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Lyons v Rentokil Initial Pty Ltd [2002] NSWIRComm 321 PROSECUTOR Inspector David Lyons PARTIES : DEFENDANT Rentokil Initial Pty Limited FILE NUMBER: IRC2025 of 2001 CORAM: Peterson J CATCHWORDS : Occupational health and safety - prosecution - charge under s16(1) - plea of guilty - pesticide chemicals sprayed near air conditioning unit - severe irritation and discomfort suffered by persons exposed - penalty at lower end of scale appropriate - second offence - penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s16(1) WorkCover Authority of New South Wales v Goodman Fielder Mills Ltd [1994] NSWIRC140, 30 November 1994 CASES CITED : WorkCover Authority of NSW (Inspector Milligan) v Hydromet Operations (Southern) Ltd [1998] NSWIRComm 219 WorkCover Authority of New South Wales (Inspector Huber) v State of New South Wales, known as the Hunter Area Health Service, unreported 18 June 1999, IRC98/2261 HEARING DATES: 06/27/2002 DATE OF JUDGMENT: 11/29/2002
PROSECUTOR Mr R Reitano of counsel
SOLICITOR Phillips Fox SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr J W Nolan of counsel
SOLICITOR Clayton Utz SYDNEY.
JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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