Inspector Green v The Crown in the Right of the State of NSW (Department of Commerce formerly the Department of Public Works and Services) [2004] NSWIRComm 64

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Green v The Crown in the Right of the State of NSW (Department of Commerce formerly the Department of Public Works and Services) [2004] NSWIRComm 64 PROSECUTOR Inspector Ritchie Green PARTIES : DEFENDANT The Crown in the Right of the State of New South Wales (Department of Commerce formerly Department of Public Works and Services) FILE NUMBER: IRC 1018 of 2003 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 15(1) of the Occupational Health and Safety Act - Construction industry - Employee injured when scaffold planks he was walking on subsided - Whether risk assessment adequate - Plea of guilty - Offence proven - Penalty imposed LEGISLATION CITED : Evidence Act 1995 Occupational Health and Safety Act 1983 Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610, 99 IR 29 Department of Mineral Resources of NSW (McKensey) v Kembla Coal & Coke Pty Limited (1999) 92 IR 8 CASES CITED : Inspector Elizabeth Benbow v Planada Holdings Pty Limited [2001] NSWIRComm 275 Nesmat Pty Limited v WorkCover Authority (NSW) (1998) 87 IR 312 Page v Walco Hoist Rentals Pty Ltd (No 2) (2000) 99 IR163 Rodney Morrison v Powercoal Pty Limited [2003] NSWIRComm 416 HEARING DATES: 03/05/2004 DATE OF JUDGMENT: 03/24/2004