NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Littley v Transylvanian Timbers Pty Limited [2005] NSWIRComm 324
PROSECUTOR Inspector Littley PARTIES: DEFENDANT Transylvanian Timbers Pty Limited
FILE NUMBER(S): IRC 5996 of 2004
CORAM: Boland J
CATCHWORDS: Occupational Health and Safety Act - Prosecution under section 8(2) of the Occupational Health and Safety Act - Timber industry - Employee seriously injured by falling stack of timber - Young child at risk - Failure to ensure safe system of work - Failure to provide adequate information, instruction and training - Failure to implement adequate control measures to prevent workers taking children onto premises - Plea of guilty - Penalty imposed.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610, 99 IR 29 Inspector Ankucic v McDonalds Australia Ltd (2000) 95 IR 383 Inspector Gregory Maddaford v Graham Gerard Coleman & Anor (2004) 138 IR 21 CASES CITED: Inspector Hannah v Wonar Pty Ltd (unreported, Fisher CJ, CT90/1214, 30 June 1992) Lawrenson Diecasting Pty Limited v WorkCover (1999) 90 IR 464 R v Thomson, R v Houlton (2000) 49 NSWLR 383 Rodney Morrison v Powercoal Pty Ltd (2003) 130 IR 364
HEARING DATES: 07/27/2005
DATE OF JUDGMENT: 09/09/2005
PROSECUTOR Mr D Chin of counsel Solicitor: Ms D Trembath Phillips Fox LEGAL REPRESENTATIVES:
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