NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Rodney Morrison v Phillip Edward Harris Hams [2002] NSWIRComm 216 PROSECUTOR Inspector Rodney Morrison PARTIES : Department of Mineral Resources
DEFENDANT Phillip Edward Harris Hams FILE NUMBER: IRC 5414 of 2001 CORAM: Marks J CATCHWORDS : Occupational health and safety - Plea of guilty to breach of s 16(2), conceded serious offence, section 6 of the Fines Act applied - Penalty imposed. LEGISLATION CITED : Ocupational Health and Safety Act 1983 s 16(2) Fines Act s 6 HEARING DATES: 08/12/2002 DATE OF JUDGMENT: 09/10/2002
PROSECUTOR Mr David O'Neill of counsel
Mr Blake Maguire Department of Mineral Resources
LEGAL REPRESENTATIVES: DEFENDANT Mr Peteris Ginters of counsel
SOLICITORS Taylor & Scott
JUDGMENT:
INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Tuesday 10 September 2002
Matter No IRC 5414 of 2001 INSPECTOR RODNEY MORRISON v PHILLIP EDWARD HARRIS HAMS Prosecution pursuant to s 16(2) of the Occupational Health and Safety Act 1983
JUDGMENT 1 The defendant Phillip Edward Harris Hams has been charged by Rodney Morrison of the Department of Mineral Resources with a breach of s 16(2) of the Occupational Health and Safety Act 1983 ("the Act"). The defendant pleaded guilty to the charge and these reasons for judgment deal only with the question of penalty.
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