NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : WorkCover Authority (Inspector Boyle) v Graincorp Operations Limited [2003] NSWIRComm 122 PROSECUTOR: Inspector Warren Boyle PARTIES : DEFENDANT: Graincorp Operations Limited FILE NUMBER: IRC 516 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - determination of penalty after offence found proved - inadequacy of risk assessment, training, procedural instructions, equipment and warnings - objective seriousness of the offence - foreseeability of risk - standard work instructions - general and specific deterrence - diverse and scattered nature of defendant's workplace - prior convictions - penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 Crime (Sentencing Procedure) Act 1999 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales CASES CITED : Capral Aluminum Limited v WorkCover Authority of New South Wales [2000] 99IR 29 R v Thompson, R v Houlton [2000] NSWLR 49 at 383 HEARING DATES: 03/25/2003 DATE OF JUDGMENT: 03/25/2003
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: Phillip Fox Lawyers LEGAL REPRESENTATIVES: DEFENDANT: Mr P M Skinner of counsel SOLICITORS: Goldbergs Solicitors
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Staunton J 25 March 2003 Matter No. IRC 516/2002
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