Inspector George Hyland v The State of New South Wales [2003] NSWIRComm 460

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector George Hyland v The State of New South Wales [2003] NSWIRComm 460 PARTIES : Inspector George Hyland The State of New South Wales (Dept of Education and Training) FILE NUMBER: IRC 2012 and IRC 2041 of 2003 CORAM: Curtis AJ CATCHWORDS : Occupational Health and Safety - Plea of guilty LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 12/10/2003 EXTEMPORE JUDGMENT DATE : 12/10/2003

PROSECUTOR: Mr DWM Chin of counsel SOLICITORS: Phillips Fox LEGAL REPRESENTATIVES: DEFENDANT: Mr JV Murphy of counsel SOLICITORS: Department of Education and Training Legal Services Unit

JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSIONOF NEW SOUTH WALES IN COURT SESSION

CORAM: CURTIS AJ DATE 10 DECEMBER 2003

IRC 2012 OF 2003 INSPECTOR GEORGE HYLAND v THE STATE OF NEW SOUTH WALES (DEPARTMENT OF EDUCATION AND TRAINING)

Prosecution under section 16(1) of the Occupational Health and Safety Act 1983.

IRC 2041 OF 2003 INSPECTOR GEORGE HYLAND v THE STATE OF NEW SOUTH WALES (DEPARTMENT OF EDUCATION AND TRAINING)

Prosecution under section 15(1) of the Occupational Health and Safety Act 1983.

EX TEMPORE JUDGMENT

1 In matter number 2012 of 2003 the State of New South Wales (Department of Education and Training) pleaded guilty to an offence in that on 28 August 2001 at Ambarvale High School, contrary to s16(1) of the Occupational Health and Safety Act 1983, it failed to ensure that persons not in its employ were not exposed to risk to occupational health and safety.