NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Hannah v Graincorp Operations Limited [2005] NSWIRComm 427
PROSECUTOR Inspector Hannah PARTIES: DEFENDANT Graincorp Operations Limited
FILE NUMBER(S): IRC 6035 and 6036 of 2004
CORAM: Boland J
CATCHWORDS: Occupational health and safety - Prosecutions under s 8(1) and 8(2) of the Occupational Health and Safety Act 2000 - Pleas of guilty - Grainhandling and transport industries - Worker seriously injured when handling mobile auger - Particular need for specific deterrence - Prior convictions - Whether defendant could be regarded as good corporate citizen - Consistency in sentencing - Totality - Penalties imposed
Occupational Health and Safety Act 1983 LEGISLATION CITED: Occupational Health and Safety Act 2000
Abigroup Contractors Pty Ltd v WorkCover (Inspector Maltby) (2004) 135 IR 317 Crown in Right of the State of New South Wales (Dept of Education and Training) v Keenan (2001) 105 IR 181 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Inspector Hannah v Patersons Transport Pty Limited [2005] NSWIRComm 348 CASES CITED: Inspector Mason v Graincorp Operations Limited [2005] NSWIRComm 328 Lowe v The Queen (1984) 154 CLR 606 Warman International Limited v WorkCover Authority of New South Wales (1998) 80 IR 326 WorkCover Authority (Inspector Boyle) v Graincorp Operations Limited [2003] NSWIRComm 122
HEARING DATES: 11/04/2005
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