NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Wayne James v T&M Industries Pty Limited and Anor [2005] NSWIRComm 424
PROSECUTOR: Inspector Wayne James
DEFENDANTS: T&M Industries Pty Limited PARTIES: [ACN 003 491 138]
T&M Industries (Aust) Pty Limited [ACN 003 837 456]
FILE NUMBER(S): Matter Numbers IRC 3080, 3081 and 3082 of 2002
CORAM: Schmidt J
Occupational Health and Safety - prosecutions under section 15(1) and section 16(1) of the Occupational Health and Safety Act 1983 - light engineering and manufacturing business - plea of guilty entered - one defendant deregistered - stay sought of deregistered company - stay granted - dangerous equipment operated by untrained and unsupervised employees - principle of totality - defendants found guilty of charges - penalty imposed - costs as agreed or assessed CATCHWORDS:
Fines Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983
Donmastery Pty Ltd v Albarran (2004) 49 ASCR 745 Hunter Valley Community Investments Pty Ltd v Bell [2001] FCA 1148 Mikhail Distribution Services v Australia Post [2004] NSWIRComm 235. Re Morton, Ex parte Mitchell Products Pty Ltd (1996) 21 ASCR 497 CASES CITED: Sweeney v Vandeleur Pty Ltd v BNY Australia (1993) 11 ACSR 356 Video Excellence Pty Ltd v Cinotta (1998) 44 NSWLR 742 at 745 WorkCover Authority of New South Wales (Inspector Dell) v Baradine Sawmilling Co Pty Ltd and Anor (2002) 120 IR 102 WorkCover Authority (NSW) (Inspector Robinson) v Bosnia Holdings Pty Ltd [2002] NSWIRComm 295
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