WorkCover Authority of NSW (Inspec Guillarte) v Peter John Genner & Anor [2000] NSWIRComm 8

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Inspec Guillarte) v Peter John Genner & Anor [2000] NSWIRComm 8 revised - 21/02/2000 PARTIES : PROSECUTION: WorkCover Authority of NSW (Inspec Guillarte) DEFENDANTS: Peter John Genner and Genner Constructions Pty Ltd FILE NUMBER: IRC4891-4900 of 1998 CORAM: Kavanagh J Occupational Health and Safety Act 1983 - s15 prosecutions Liability - employee killed at roadside CATCHWORDS : Summons and particulars - specify breach Prosecutions against Peter John Genner stood over generally On the facts as to liability three summonses dismissed two offences proven LEGISLATION CITED : Occupational Health and Safety Act 1983 Insp Davies v Prospect Electricity (unreported, Fisher CJ, No. CT91/747) CASES CITED : McMartin v The Broken Hill Proprietary Company Limited (unreported, Supreme Court of NSW, Grove J, 20002 of 1986, 5 February 1988) State Rail Authority v Dawson (1990) 37 IR 110 HEARING DATES: 11/08/1999; 11/09/1999; 11/10/1999; 11/12/1999; 12/01/1999 DATE OF JUDGMENT: 02/23/2000

PROSECUTOR: Mr P.M. Skinner (Barrister) SOLICITOR Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R. J.Grady (Barrister) SOLICITOR Peta Bollinger

JUDGMENT: 1 The prosecutions are brought by Inspector Guillarte on behalf of WorkCover Authority of NSW ("the prosecutor") under the provisions of s15(1) of the Occupational Health and Safety Act 1983 ("the Act"). The matters were listed for hearing in relation to five prosecutions against the corporation, Genner Constructions Pty Limited ("the defendant") and a further five prosecutions pleaded against Peter John Genner under s 50(1) of the Act in his capacity as a director of the company bearing his name.