NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Bruce Dowling v Tieback Pty Limited [2002] NSWIRComm 220 PROSECUTION Workcover Authority of New South Wales (Inspector Dowling) PARTIES : DEFENDANT Tieback Pty Limited
FILE NUMBER: IRC7098 of 2001 CORAM: Walton J Vice-President CATCHWORDS : Occupational Health and Safety - s15 charge - Plea of guilty - Risk of falling from considerable height - Failure to eliminate risk by harness system, railings or flooring - Penalty assessed by reference to charge as particularised - Objective seriousness - General deterrence - Specific deterrence - Subjective features - Early plea of guilty - No previous criminal history - Assistance to injured worker - Financial position of defendant - Costs - Penalty imposed. Occupational Health and Safety Act 1983 LEGISLATION CITED : Occupational Health and Safety Act 2000 Supreme Court (Summary Jurisdiction) Act 1967 Inspector Jose Barbosa v Newstart 150 Pty Ltd trading as Stylewise Interiors [2002] NSWIRComm 64 Capral Aluminium Ltd v WorkCover Authority of NSW (2000) 49 NSWLR 610 CASES CITED : WorkCover Authority of New South Wales (Inspector Farrell) v Schrader (2002) IR 284 WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd (2001) 110 IR 351 R v Thomson (2000) 49 NSWLR 383 HEARING DATES: 08/02/2002 EXTEMPORE JUDGMENT DATE : 08/02/2002
PROSECUTOR Mr B Docking of counsel SOLICITOR Mr G Henderson LEGAL REPRESENTATIVES: Phillips Fox Lawyers
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