Geoff Derrick v ANZ Group Limited (No. 2) [2005] NSWIRComm 145

Industrial Relations Commission of New South Wales in Court Session

CITATION: Geoff Derrick v ANZ Group Limited (No. 2) [2005] NSWIRComm 145

INFORMANT Geoff Derrick PARTIES: DEFENDANT Australian and New Zealand Banking Group Limited

FILE NUMBER(S): IRC 7170 of 2003

CORAM: Boland J

CATCHWORDS: Occupational Health and Safety - Prosecution under section 8(1) of the Occupational Health and Safety Act - Guilty plea - Offence proven - Penalty imposed - Moiety - Whether registered organisation of employees entitled to a moiety of the fine - Court's discretion to grant a moiety - Whether discretion should be exercised in favour of granting a moiety to a registered organisation of employees where part of moiety is to be paid to employees placed at risk of injury - Moiety ordered

Fines Act 1996 Fines and Penalties Act 1901 Industrial Relations Act 1996 Occupational Health and Safety Act 1983 LEGISLATION CITED: Occupational Health and Safety Act 2000 WorkCover Administration Act 1989 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998

Coombs v Patrick Stevedores Holdings Pty Ltd [2005] NSWIRComm 56 Geoff Derrick v ANZ Group Limited [2005] NSWIRComm 59 CASES CITED: O'Sullivan v The Crown in the Right of the State of New South Wales (Department of Education and Training) (2003) 128 IR 158 Stephen George Kirkby v. A & M I Hanson Pty Limited (unreported, Matter No. CT1121 of 1993, 13 September 1994.) WorkCover Authority of NSW v Warrah Ridge Pastoral Co Pty Ltd (unreported, Matter No CT1109 of 1993, 23 September 1994)