NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Martin) v GrainCorp Operations Limited [2002] NSWIRComm 312 PROSECUTOR: PARTIES : Inspector Brett Martin DEFENDANT: GrainCorp Operations Limited FILE NUMBER: 7828 of 2001 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - foreseeability of risk and harm - hazard indication assessment - objective seriousness of the offence - prior convictions - penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15 Batty v Graincorp Operations Limited [2002] NSWIRComm 49 CASES CITED : Capral Aluminium Ltd v WorkCover Authority of NSW (Inspector Mayo Ramsay) (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Limited v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 464 HEARING DATES: 11/14/2002 EXTEMPORE JUDGMENT DATE : 11/14/2002
PROSECUTOR: Mr J. A. Kernick of Counsel SOLICITORS: Phillips Fox Lawyers LEGAL REPRESENTATIVES: DEFENDANT: Mr P. M. Skinner of Counsel SOLICITORS: Goldbergs Lawyers
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Staunton J 14 November 2002
Matter No. IRC 7828 of 2001 WorkCover Authority of New South Wales (Inspector Brett Martin) v GrainCorp Operations Limited Prosecution under s 15 (1) of the Occupational Health and Safety Act 1983
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