NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Sharpin v Bovis McLachlan Pty Ltd [2002] NSWIRComm 210 PROSECUTOR Inspector John Sharpin PARTIES : DEFENDANT Bovis McLachlan Pty Limited FILE NUMBER: IRC4901 of 2000 CORAM: Peterson J CATCHWORDS : Occupational health and safety - plea of guilty to charge under s16(1) - foreman engaged by subcontractor - foreman suffered fatal burn injuries when cutting disused fuel pipe with oxy torch - failure to ensure safety - discount for plea of guilty, contrition and co-operation with investigator - penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s16 CASES CITED : R v Thomson, R v Houlton (1999-2000) 49 NSWLR 383 Lawrenson Diecasting Pty Limited v WorkCover Authority (1999) 90 IR 464 HEARING DATES: 04/12/2002 DATE OF JUDGMENT: 08/23/2002
PROSECUTOR Ms P E McDonald of counsel
SOLICITOR Phillips Fox SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr B Hodgkinson SC
SOLICITOR Freehills SYDNEY.
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
DATE: 23 AUGUST 2002
Matter No IRC 4901 of 2000
INSPECTOR JOHN SHARPIN v BOVIS McLACHLAN PTY LIMITED
Prosecution under s16(1) of the Occupational Health and Safety Act 1983 JUDGMENT
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