NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of NSW (Insp Wolf) v BHP Transport Pty Ltd & Anor [2000] NSWIRComm 34 PROSECUTOR: PARTIES : WorkCover Authority of NSW (Insp Wolf) DEFENDANT: BHP Transport Pty Ltd and BHP Steel (AIS) Pty Ltd FILE NUMBER: IRC821&822 of 1999 CORAM: Kavanagh J CATCHWORDS : OHS - s16 - penalty - employer's knowledge of risk - priority for maintenance work when company has heavy equipment infrasructure - employer prefers contractor's advice to that of skilled employee LEGISLATION CITED : Occupational Health and Safety Act 1983 s16 WorkCover Authority of NSW (Insp Hannah) v Wonar Pty Ltd (unreported, Fisher CJ, Glynn and Cullen JJ, 30.6.92, CT1214 of 1990) CASES CITED : WorkCover Authority of NSW (Insp Callaghan) v Saunders Constructions Pty Ltd (unreported, Maidment J, CT93/1062, 26.11.93) Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Insp James Swee Ch'ng) (1999) 90 IR 464 Haynes v James Glass & Aluminium Pty Ltd (unreported, Fisher CJ, CT91/772-775, 20 May 1994) HEARING DATES: 03/01/2000 DATE OF JUDGMENT: 03/30/2000
PROSECUTOR: Mr P. Punch, Solicitor SOLICITORS: Carroll & O'Dea PROSECUTOR: Mr P. Punch, Solicitor LEGAL REPRESENTATIVES: SOLICITORS: Carroll & O'Dea DEFENDANT: Mr J.A. Timbs, QC SOLICITORS: Ms L. Constantine Blake Dawson Waldron
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