Inspector Gabrielle Belley v Rail Infrastructure Corporation. Prosecution under s 17(1)(a) of the Occupational Health and Safety Act 1983 [2001] NSWIRComm 323

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Gabrielle Belley v Rail Infrastructure Corporation. Prosecution under s 17(1)(a) of the Occupational Health and Safety Act 1983 [2001] NSWIRComm 323 PROSECUTOR: Inspector Gabrielle Belley PARTIES : DEFENDANT: Rail Infrastructure Corporation FILE NUMBER: IRC 5177 of 2000 CORAM: Haylen J Occupational Health and Safety Act 1983 - s 17(1)(a) - plea of guilty by successor to interests of previous statutory corporation - statutory corporations amalgamated then dissolved on creation of new statutory corporation - effect of transitional provisions - operation of s 51A of Act - only one amalgamating statutory corporation having prior convictions recorded - whether record of previous corporations transferred to new statutory corporation - whether record of one of the amalgamating entities only to be considered - statutory corporation responsible for safety rules - safety rules failed to make provision for work on railway lines with narrow clearances between lines - statutory corporation given access to rail network - failure of that corporation to train and supervise its employees - contractual obligation to apply safety rules of statutory corporation owning rail network - effect on culpability of defendant - role of statutory corporation responsible for maintenance of rail network - defendant's system of work leaving discretion in hands of workers - foreseeability - contrition by a corporation

CATCHWORDS :

Occupational Health and Safety Act 1983 s 15(1) s 16(1) s 17(1)(a) s 17(2) s 51A Transport Administration Amendment (Rail Management) Act 2000 Sch 7 Div 3 LEGISLATION CITED : Transport Administration Act 1988 s 19D s 50 s 89(2)(b) s 89(2)(c) Rail Safety Act 1993