Barber v Gundagai Shire Council (or alternatively Gundagai Council) [2002] NSWIRComm 243

Industrial Relations Commission of New South Wales in Court Session

CITATION : Barber v Gundagai Shire Council (or alternatively Gundagai Council) [2002] NSWIRComm 243 APPELLANT: WorkCover Authority of New South Wales (Inspector Mark Barber) PARTIES : RESPONDENT: Gundagai Shire Council (or alternatively Gundagai Council) FILE NUMBER: IRC 4235 of 2002 CORAM: Wright J President; Walton J Vice-President; Staunton J Appeal - Leave to appeal - Occupational health and safety prosecution - S 10 of Crimes (Sentencing Procedure) Act applied by Magistrate - Parties reach agreement that appeal be upheld and matter remitted to another magistrate for re-sentencing - Approval by Full Bench necessary for leave to appeal to be granted and for appeal to be upheld - Full Bench grants leave to appeal and upholds appeal - Costs CATCHWORDS : Occupational health and safety prosecution - Appeal - Leave to appeal - S 10 of Crimes (Sentencing Procedure) Act applied by Magistrate - Parties reach agreement that appeal be upheld and matter remitted to another magistrate for re-sentencing - Approval by Full Bench necessary for leave to appeal to be granted and for appeal to be upheld - Full Bench grants leave to appeal and upholds appeal - Costs Crimes Act 1900 s 556A Crimes (Sentencing Procedure) Act 1999 s 10 LEGISLATION CITED : Industrial Relations Act 1996 s 188 s 197 Justices Act 1902 s 81 Occupational Health and Safety Act 1983 s 15 s 47 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 McCarthy v Sell & Parker Pty Ltd (2000) 102 IR 355 CASES CITED : Riley v Australian Grader Hire Pty Ltd (2001) 103 IR 143 Schultz v Tamworth City Council (1995) 58 IR 221 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 HEARING DATES: 09/02/2002 DATE OF JUDGMENT: 09/30/2002