NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Julie Townsend v Illawarra Canvas Blinds and anor [2005] NSWIRComm 376
PROSECUTOR: Inspector Julie Townsend
PARTIES: DEFENDANTS: Illawarra Canvas Blinds Pty Ltd and Michael Vimpany
FILE NUMBER(S): IRC 2214 and 2216 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) and s 26 - company and working director charged - serious injury suffered by employee installing awnings - ladder used on sloping site - absence of safe working methods, training and fall protection equipment - guilty pleas entered at first return of Order - defendants accept breach as "grave" - numerous subjective factors - work methods altered after accident - contrition - co-operation with WorkCover investigation - operation of Fines Act considered - close connection between corporation and director - overall criminality considered - penalty imposed on both defendants
Haynes v CI & D Manufacturing Pty Limited (1994) 60 IR 149 CASES CITED:
HEARING DATES: 10/20/2005 EXTEMPORE JUDGMENT DATE: 10/20/2005
PROSECUTOR: Ms Patricia Lowson of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES:
DEFENDANTS: Mr I Neil of counsel SOLICITORS: Macedone Christie Willis
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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