NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector James v State Rail Authority of New South Wales [2003] NSWIRComm 478 PROSECUTOR Inspector James PARTIES : DEFENDANT State Rail Authority of New South Wales FILE NUMBER: IRC 7537 of 2001 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 15(1) of the Occupational Health and Safety Act - Rail industry - Train guard injured when attempting to alight from moving train - Serious injuries sustained - Plea of guilty entered - Foreseeability - Offence proven - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610, (2000) 99 IR 29 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 HEARING DATES: 11/14/2003 DATE OF JUDGMENT: 12/19/2003
PROSECUTOR Solicitor: Mr P Punch with Ms J Smith Carroll & O'Dea
LEGAL REPRESENTATIVES: DEFENDANT Mr P Garling SC with Mr H Bauer of counsel Solicitor: Mr G McCann Sparke Helmore
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: BOLAND J Friday 19 December 2003
Matter No IRC 7537 of 2001 Inspector James v State Rail Authority of New South Wales Prosecution under section 15(1) of the Occupational Health and Safety Act JUDGMENT [2003] NSWIRComm 478
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