Inspector Chadwick v Ernest Mitchell [2004] NSWIRComm 62

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Chadwick v Ernest Mitchell [2004] NSWIRComm 62 PROSECUTOR Inspector Christopher Chadwick PARTIES : DEFENDANT Ernest Alfred Mitchell FILE NUMBER: IRC 6454 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 16(2) of the Occupational Health and Safety Act - Construction Industry - Fall from roof - Plea of not guilty - Whether persons not employed by defendant were exposed to risks arising from the conduct of the defendant's undertaking - Charge dismissed LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 03/08/2004; 03/09/2004 DATE OF JUDGMENT: 03/19/2004

PROSECUTOR Ms A F Backman of counsel Solicitor: Mr J O'Connell WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr G J Bellew of counsel Solicitor: Mr D Mockler Stewart Cuddy & Mockler

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: BOLAND J Friday 19 March 2004

Matter No IRC 6454 of 2002

INSPECTOR CHRISTOPHER CHADWICK v ERNEST ALFRED MITCHELL

Prosecution under section 16(2) of the Occupational Health and Safety Act 1983 JUDGMENT [2004] NSWIRComm 62

1 This prosecution arises out of an incident on 18 April 2001 when Jack Robert Scott slipped and fell about 5.4 metres from the roof of the Unanderra's stationmaster's cottage and suffered serious injuries including a broken arm, broken leg and facial injuries. At the time, Mr Scott was painting the roof of the cottage pursuant to a sub-contract with Bruce's Brush Painting Services Pty Ltd. Bruce's Brush Painting had contracted with Denbur Constructions Pty Ltd ("Denbur") to provide labour, tools, materials and equipment necessary to carry out and complete all internal and external painting of the cottage. Denbur was the head contractor engaged to renovate and restore the residence to its 1888 style.