NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Dennis Howard v Multiplex Constructions (NSW) Pty Ltd [2002] NSWIRComm 229 Prosecutor: PARTIES : Inspector Dennis Howard Defendant: Multiplex Constructions (NSW) Pty Ltd FILE NUMBER: IRC4273 of 2001 CORAM: Kavanagh J CATCHWORDS : Prosecution under s16(1) of the Occupational Health and Safety Act 1983 - breach by head contractor - system of work not safely implemented - careless action of sub-contractors - workers considered in assessment of culpability - failure when on notice area known to be unsafe is to be used - industrial co-operation and co-ordination required for safe working - penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 Mainbrace Constructions Pty Ltd v WorkCover Authority of NSW (Inspector Charles) (2000) 102 IR 84 Inspector May v McDonald's Australia Limited [2002] NSWIRComm 179 WorkCover Authority of New South Wales (Inspector Carmody) v Consolidated Constructions Pty Ltd (2001) 109 IR 316 CASES CITED : AXIA Pty Limited v Environmental Protection Authority (1993) 113 LGER 357 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 99 IR 16 R v Thomson, R v Houlton (1999-2000) 49 NSWLR 383 R v Sharma [2002] NSW CCA 142 HEARING DATES: 08/20/2002 DATE OF JUDGMENT: 09/06/2002
Prosecutor: Mr R. Reitano Solicitors: Ms R. Parmegiani WorkCover Authority of NSW LEGAL REPRESENTATIVES: Defendant: Mr B.D. Hodgkinson SC Solicitors: Ms J. Seemann Minter Ellison Lawyers
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