NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Patton v Hansen Yuncken Pty Ltd [2002] NSWIRComm 314 PROSECUTOR: Inspector John Patton PARTIES : DEFENDANT: Hansen Yuncken Pty Ltd (ACN 063 384 056) FILE NUMBER: IRC 6898 of 2001 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under s16(1) of the Occupational Health and Safety Act 1983 - building industry - early plea of guilty - first offence - failure to provide fall protection for workers performing formwork removal - contrition - defendant guilty of charge - penalty imposed Construction Safety Regulation 2001 LEGISLATION CITED : Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 R v Sharma [2002] NSWCCA 142 CASES CITED : R v Thomson, R v Houlton (2000) 49 NSWLR 383 Ridge Consolidated Pty Ltd v Mauger [2002] NSWIRComm 108 HEARING DATES: 11/20/2002 DATE OF JUDGMENT: 11/29/2002
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Legal Services Branch WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT: Mr AB Gotting of counsel SOLICITORS: Watkins Tapsell
JUDGMENT: - 15 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J
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