NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Rebecca Nixon v George Weston Foods Ltd [2005] NSWIRComm 287
PROSECUTOR: Inspector Rebecca Nixon PARTIES: DEFENDANT: George Weston Foods Ltd
FILE NUMBER(S): IRC 5828 of 2004
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - unguarded machine used in baking operation - serious injury suffered by employee clearing blockage - plea of guilty - system of work requiring machines to be guarded not effective - prompt action taken to remedy gap in system - significant number of prior convictions recorded in relation to various business units within defendant - role of prior convictions considered in setting penalty - serious offence - specific deterrence a significant consideration - penalty imposed
Capral Aluminium Ltd v WorkCover Authority of New South Wales (Insepctor Mayo-Ramsay (2000) 99 IR 29 Regina v Brett Raymond Walker [2005] NSWCCA 109 Veen v The Queen [No 2] (1987-1988) 164 CLR 465 (at 477-8) CASES CITED: Weininger v The Queen (2003) 212 CLR 629 WorkCover Authority of New South Wales (Inspector Dawson) v Waugh and Thora Sawmilling Pty Ltd (1995) 59 IR 891 at 100 WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) v Capral Aluminium Ltd (1999) 90 IR 256
HEARING DATES: 04/26/2005
DATE OF JUDGMENT: 08/12/2005
PROSECUTOR: Mr G Farmer of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES:
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