WorkCover Authority v Red Lea Chickens (No 2) [2001] NSWIRComm 40

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority v Red Lea Chickens (No 2) [2001] NSWIRComm 40 PROSECUTOR: PARTIES : WorkCover Authority of New South Wales (Inspector Macbeth) DEFENDANT: Red Lea Chickens Pty Ltd FILE NUMBER: IRC 6669 of 1999 CORAM: Boland J CATCHWORDS : Occupational health and safety - Breach of s 15(1) of the Occupational Health and Safety Act 1983 - Plea of not guilty - Employee injured when collided with heavy vehicle on defendant's premises - Offence found proven and verdict of guilty entered- Effect of answers by prosecution to request for further and better particulars - Assessment of penalty - Objective seriousness - Subjective features in mitigation - Fine imposed with moiety to prosecutor - Costs allowed to prosecutor Factories Shops and Industries Act LEGISLATION CITED : Occupational Health and Safety Act 1983 Road Transport (Safety and Traffic Management) Act 1999 Capral Aluminium Limited v WorkCover Authority of NSW (2000) 99 IR 29 CASES CITED : Lawrenson Diecasting Pty Limited v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 464 WorkCover Authority of NSW (Inspector Penfold) v Fernz Construction Materials Ltd (1999) 91 IR 119 WorkCover Authority of NSW (Inspector Twynam-Perkins) v Maine Lighting (unreported, 13 April 1995, Matter No CT94/1037) HEARING DATES: 02/07/2001 DATE OF JUDGMENT: 03/15/2001

PROSECUTOR: Mr I Taylor of counsel Solicitor: Mr G Henderson PriceWaterhouseCoopers Legal LEGAL REPRESENTATIVES: DEFENDANT: Mr G Watson of counsel Solicitor: Ms S Thomas Sparke Helmore