NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales v Kennards Hire Pty Ltd [2003] NSWIRComm 378 PARTIES : WorkCover Authority of New South Wales (Inspector Henry) Kennards Hire Pty Ltd FILE NUMBER: IRC 3413 of 2003 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 11/03/2003 EXTEMPORE JUDGMENT DATE : 11/03/2003
Prosecutor: Mr G Phillips Solicitors: Carroll and O'Dea LEGAL REPRESENTATIVES: Defendant: Mr S Coleman Solicitors: Owen Hodge Lawyers
JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
Coram: Curtis AJ 3 November 2003
Matter No IRC 3413 of 2003 WORKCOVER AUTHORITY OF NSW (INSPECTOR PAUL HENRY) v KENNARDS HIRE PTY LIMITED (ACN 001740727) Prosecution under s 18(1) of the Occupational Health and Safety Act 1983
EX TEMPORE JUDGMENT [2003]NSWIRComm 378
1 The defendant Kennards Hire Pty Ltd (Kennards) pleads guilty to contravening s18(1) of the Occupational Health and Safety Act 1983 on 28 June 2001 when it supplied a stump grinder to Michael Jones, a foreman of Asplundh Tree Expert (Australia) Pty Limited (ACN 055140424), without first ensuring that the stump grinder was safe and without risks to health when properly used, and further, failing to provide to the person to whom it was supplied adequate information to ensure its safe use.
2 On the day in question the stump grinder was used by Mr Richard Austin, an employee of Asplundh, who was instructed to grind a stump located on a property at Austral. Mr Austin had completed ninety-five percent of the grinding of the stump when Mr Jones, under whose direction he was working, noticed the grinding wheel was starting to eat into a mowing strip which divided the property from council property. Mr Austin withdrew the stump grinder from the stump and without stopping the engine which drove the cutting head, tilted the machine backwards so it may rest upon a metal bar attached to the back of the machine. The stump grinder continued at full throttle with the cutting head elevated and exposed.
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