Inspector Dieter Franke v Vin Heffernan Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2005] NSWIRComm 151

Industrial Relations Commission of New South Wales in Court Session

CITATION: Inspector Dieter Franke v Vin Heffernan Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2005] NSWIRComm 151

PROSECUTOR: Inspector Dieter Franke PARTIES: DEFENDANT: Vin Heffernan Pty Ltd

FILE NUMBER(S): IRC 6333 of 2003

CORAM: Haylen J

CASES CITED: Fernz Construction Materials Limited (No 2) (2000) 100 IR 23 at para 34

HEARING DATES: 05/05/2005 EXTEMPORE JUDGMENT DATE: 05/05/2005

PROSECUTOR: Mr R Reitano of counsel SOLICITOR: Ms Linda Barnes WorkCover Authority LEGAL REPRESENTATIVES:

DEFENDANT: Mr B Hodgkinson SC SOLICITOR: Ms J Williams Timber Trade Industrial Association

JUDGMENT: 11

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Haylen J 5 May 2005 Matter No IRC 6333 of 2003 Inspector Dieter Franke v Vin Heffernan Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 EX TEMPORE JUDGMENT [2005] NSWIRComm 151 On 9 February 2005 the Court delivered judgment in contested proceedings claiming a breach of section 8(1) of the Occupational Health and Safety Act 2000 by the defendant, Vin Hefferenan Pty Limited. That judgment concluded that the prosecution had established a breach of the Act as particularised in the charge. Today's proceedings have dealt, therefore, with evidence and submissions as to penalty.