NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Vierow v J Gardner (NSW) Contractors Pty Ltd [2003] NSWIRComm 19 PROSECUTOR: Inspector Maurice Vierow PARTIES : DEFENDANT: J Gardner (NSW) Contractors Pty Ltd FILE NUMBER: IRC 1793 of 2002 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(1) - plea of guilty - rock fall during tunnelling operation - previous and recent episode of rock fall - foreseeability of risk to employee working near drilling machine during its operation - simple steps available to avoid risk - objective seriousness of offence - significant subjective considerations - penalty imposed HEARING DATES: 02/06/2003 DATE OF JUDGMENT: 02/17/2003
PROSECUTOR: Mr M Cahill of counsel SOLICITORS: Gordon Henderson Phillips Fox
LEGAL REPRESENTATIVES: DEFENDANT: Ms P McDonald of counsel SOLICITORS: Mr T Williams Snedden Hall & Gallop by their agents Cowley Hearne
JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: HAYLEN J
17 February 2003 Matter No IRC 1793 of 2002 Inspector Maurice Vierow v J Gardner (NSW) Contractors Pty. Ltd. Prosecution under s 15(1) of the Occupational Health and Safety Act 1983. JUDGMENT [2003] NSWIRComm 19
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