NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Peter Newman v Mainland Civil Pty Ltd [2003] NSWIRComm 288 PROSECUTOR: Inspector Peter Newman PARTIES : DEFENDANT Mainland Civil Pty Ltd FILE NUMBER: IRC No 4672 of 2002 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act, 1983 - s 15(1) - working near heavy machinery on construction site - workplace fatality when crouching worker hit by grader - system of safety in operation but overlooks simple steps to avoid risks to safety when working near heavy machinery - thorough review of safety practices following accident - new work methods introduced - risk to safety foreseeable - offence serious - subjective features considered - early plea - contrition and good corporate citizenship established - first offence in inherently dangerous industry - substantial discount on penalty allowed - fine imposed HEARING DATES: 08/28/2003 DATE OF JUDGMENT: 09/10/2003
PROSECUTOR: Mr D O'Neil of counsel SOLICITOR: Ms B Fisher Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr Ralph Warren of counsel SOLICITOR: Mr S Wilson Turkslegal
JUDGMENT: - 20 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: HAYLEN J
10 September 2003 Matter No. IRC 4672 of 2002 INSPECTOR PETER NEWMAN v MAINLAND CIVIL PTY LTD PROSECUTION UNDER s 15(1) OF OCCUPATIONAL HEALTH AND SAFETY ACT 1983
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