NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Geoff Derrick v Australian and New Zealand Banking Group Ltd [2003] NSWIRComm 406 INFORMANT Geoff Derrick PARTIES : DEFENDANT Australia and New Zealand Banking Group Ltd FILE NUMBER: IRC 432 of 2003 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 8 (1) of Occupational Health and Safety Act - Guilty plea - Banking industry - Armed offenders gained access to cash handling areas by scaling anti-jump barriers - Failure to take urgent remedial action a significant aggravating factor - Foreseeability - General and specific deterrence - Penalty imposed LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 CASES CITED : Capral Aluminium Ltd v WorkCover Authority of New South Wales 49 (2000) NSWLR 610, 99 IR 29 Warman International Ltd v WorkCover Authority of New South Wales (1998) 80 IR 326 HEARING DATES: 11/07/2003 DATE OF JUDGMENT: 11/21/2003
INFORMANT Mr S M Whybrow of counsel Solicitor: Mr G Rees Gary Robb & Associates LEGAL REPRESENTATIVES: DEFENDANT Mr J J Fernon SC Solicitor: Mr R Furner Freehills
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: BOLAND J
21 November 2003
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