Rodney Morrison v Cobar Management Pty Ltd [2005] NSWIRComm 124

Industrial Relations Commission of New South Wales in Court Session

CITATION: Rodney Morrison v Cobar Management Pty Ltd [2005] NSWIRComm 124

PROSECUTOR: Rodney Morrison PARTIES: DEFENDANT: Cobar Management Pty Ltd.

FILE NUMBER(S): IRC 3190 and 3192 of 2003

CORAM: Haylen J

Occupational Health and Safety Act 1983 - s 15(1) and s 16(1) offences in mining industry - pleas of guilty entered - system of back filling fails - comprehensive review of back filling operation by defendant - serious breach established - first offence - totality - penalties imposed

CATCHWORDS:

HEARING DATES: 04/12/2005 EXTEMPORE JUDGMENT DATE: 04/12/2005

PROSECUTOR: Mr M Cahill of counsel SOLICITORS: Crown Solicitor's Office LEGAL REPRESENTATIVES:

DEFENDANT: Mr R Crow of counsel SOLICITORS: Mallesons Stephen Jaques

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Haylen J 12 April 2005 Matter No IRC 3190 of 2003 Rodney Morrison v Cobar Management Pty Ltd. Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 Matter No 3192 of 2003 Rodney Morrison v Cobar Management Pty Ltd. Prosecution under s 16(1) of the Occupational Health and Safety Act 1983 EX TEMPORE JUDGMENT [2005] NSWIRComm 124

The defendant, Cobar Management Pty Limited, has been charged with two offences, one arising under section 15(1) of the Occupational Health and Safety Act 1983, and the other arising under section 16(1) of the same Act. The nature of those alleged offences relate to an incident which took place over a number of days in June 2001 and, in particular, the risks which were alleged to be exposed by the system adopted by the defendant on 13 and 14 June 2001.