WorkCover Authority of New South Wales (Inspector Clark) v Jabboury [2001] NSWIRComm 78

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Clark) v Jabboury [2001] NSWIRComm 78 PROSECUTOR: WorkCover Authority of New South Wales (Inspector Clark) PARTIES : DEFENDANT: Raymond John Jabboury FILE NUMBER: IRC 986 of 2000 CORAM: Boland J CATCHWORDS : Occupational health and safety - Prosecution under s 16(2) and s 49(4) of the Occupational Health and Safety Act 1983 - Not guilty plea - Person drowned in 500mm water main pipe - Elements of an offence under s 16(2) - Inference drawn from evidence that defendant expressed no objection to persons entering pipe - Risk arose from presence of persons in an Inspection Pit and pipe in circumstances where there was a risk of serious injury of death caused by inundation - Further risk from absence of ladder in Inspection Pit - Obligation on self-employed person to ensure that instructions are both sufficient and complied with - Confined space - Defendant found guilty. LEGISLATION CITED : Occupational Health and Safety Act 1983 Drake Personnel Ltd t/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Ferguson v Nelmac (1999) 92 IR 188 Haynes v CI & D Manufacturing Pty Ltd (1994) 60 IR 149 Mainbrace Constructions Pty Ltd v WorkCover Authority of New South Wales (Inspector Charles) [2000] NSWIRComm 239 CASES CITED : Riley v Australian Grader Hire Pty Ltd [2001] NSWIRComm 31 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 WorkCover Authority of New South Wales (Inspector Peter Hannan) v Bitupave Limited, trading as Boral Asphalt [2000] NSWIRComm 50 WorkCover Authority of New South Wales (Inspector Glass) v Kellogg (Aust) Pty Ltd (No 1) (2001) 101 IR 239 WorkCover Authority of New South Wales (Inspector Keenan) v TAFE Commission (1999) 92 IR 251 HEARING DATES: 03/05/2001; 03/06/2001 DATE OF JUDGMENT: 04/20/2001