NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Neil Buggy v Weathertex Pty Ltd [2002] NSWIRComm 160 PROSECUTOR Inspector Neil Buggy PARTIES : WorkCover Authority of New South Wales
DEFENDANT Weathertex Pty Ltd FILE NUMBER: IRC 3805 of 2001 CORAM: Marks J CATCHWORDS : Occupational health and safety - Plea of guilty to breach of s 16 - Experienced contractor solely in charge of unloading of logs on defendant's premises fatally injured when failed to secure the load - Failure of defendant to carry out relevant induction and to monitor compliance with safety procedures - Defendant had established health and safety procedures - Held not a serious breach in all the circumstances - Discount for plea of guilty, contrition and cooperation - Penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s 16(1) HEARING DATES: 07/01/2002 DATE OF JUDGMENT: 07/26/2002
PROSECUTOR Mr D Chin of Counsel SOLICITORS Phillips Fox Lawyers
LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC of counsel SOLICITORS Fisher Cartwright Berriman
JUDGMENT:
INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 26 July 2002 Matter No IRC 4406 of 2001 INSPECTOR NEIL BUGGY v WEATHERTEX PTY LTD Prosecution pursuant to s 16(1) of the Occupational Health and Safety Act 1983
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