Inspector Mansell v Christopher Stoeski [2003] NSWIRComm 373

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Mansell v Christopher Stoeski [2003] NSWIRComm 373 PARTIES : Workcover Authority of NSW (Inspector Mansell) Christopher Stoeski FILE NUMBER: IRC 5498 and IRC 5499 of 1999 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 09/15/2003; 09/16/2003; 09/17/2003; 09/18/2003; 09/19/2003; 10/07/2003; 10/08/2003; 10/09/2003; 10/10/2003; 10/27/2003; 10/28/2003; 10/29/2003; 10/30/2003 EXTEMPORE JUDGMENT DATE : 10/30/2003

Prosecutor: Mr M J Joseph SC with Mr P M Skinner Solicitors: Moray and Agnew LEGAL REPRESENTATIVES: Defendant: Mr J R Young of counsel Solicitors: James Legal

JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: CURTIS AJ Date: 30 October 2003

Matter No IRC 5498 and 5499 of 1999 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSP MANSELL) v CHRISTOPHER STOESKI Prosecutions under section 19(a) of the Occupational Health and Safety Act 1983

EX TEMPORE JUDGMENT [2003]NSWIRComm 373

CHARGE NUMBER 5498 of 1999 1 In matter number 5498 of 1999 Mr Christopher Stoeski is charged that between 10 November 1995 and 4 December 1995 at Kogarah in the State of New South Wales he, being an employee of Josef & Sons Contracting Pty Limited, whilst at work, contrary to s19(a) of the Occupational Health & Safety Act 1983, failed to take reasonable care for the health and safety of persons who were at his place of work and who may be affected by his acts or omissions at work, in that he did not take adequate precautions regarding a charged gas supply line situated in an area where construction work was designed to occur.