Morrison v North Mining Limited [2003] NSWIRComm 84

Industrial Relations Commission of New South Wales in Court Session

CITATION : Morrison v North Mining Limited [2003] NSWIRComm 84 PROSECUTOR Rodney Morrison PARTIES : DEFENDANT North Mining Ltd FILE NUMBER: IRC 7161, 7162 of 2001 CORAM: Marks J CATCHWORDS : Occupational health and safety prosecution - Plea of guilty - Collapse of mining cave - Penalty imposed Occupational Health & Safety Act 1983 LEGISLATION CITED : Supreme Court (Summary Jurisdiction) Act 1967 Industrial Relations Act 1996 CASES CITED : HEARING DATES: 03/13/2003; 03/14/2003 DATE OF JUDGMENT: 04/10/2003

PROSECUTOR Mr J N West QC and Mr S J Rushton SC of counsel SOLICITORS Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT Mr J N Gleeson QC and Mr M L Shume SOLICITORS Corrs Chambers Westgarth

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Marks J Thursday 10 April 2003 Matter Nos IRC 7161 and 7162 of 2001 RODNEY MORRISON v NORTH MINING LIMITED Prosecutions pursuant to s 15(1) and s 16(1) of the Occupational Health and Safety Act 1983

JUDGMENT

1 The defendant North Mining Ltd has pleaded guilty to charges brought against it by Rodney Morrison of the Department of Mineral Resources of New South Wales alleging a breach of s 15 (1) of the Occupational Health and Safety Act 1983 ("the Act") (IRC 7162 of 2001) and of s 16(1) of the Act (IRC 7161 of 2001). Both charges arise out of the same circumstances. The parties have agreed and the Court accepts that the principle of totality is to apply to the assessment of appropriate penalties. Accordingly, this judgment deals with both charges and both sets of proceedings, they having been heard concurrently with evidence in the one being evidence in the other.