Rodney Dale Morrison v Coal Operations Australia Limited [2003] NSWIRComm 249

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rodney Dale Morrison v Coal Operations Australia Limited [2003] NSWIRComm 249 PROSECUTOR Rodney Dale Morrison PARTIES : DEFENDANT Coal Operations Australia Limited FILE NUMBER: IRC6726 and 6727 of 2001 CORAM: Peterson J CATCHWORDS : Occupational health and safety - Roof fall in coal mine - Employee killed - Fall during roof bolting procedures - Whether employer protected by s33 of OHS Act in relation to acts or omissions expressly authorised by associated legislation - Coal Mines Regulation Act 1982 and Coal Mines Regulation (Support - Underground Mines) Regulation 1984 - Roof fall not able to be anticipated with any certainty - Defence held made out - Whether offence otherwise under s15(1) - Found not guilty. LEGISLATION CITED : Occupational Health and Safety Act 1983 Coal Mines Regulation Act 1982 CASES CITED : Rodney Morrison v Tahmoor Coal Pty Limited [2001] NSWIRComm 327, 3 December 2002 (unreported). HEARING DATES: 02/10/2003; 02/11/2003; 02/12/2003; 02/13/2003; 02/14/2003; 02/17/2003; 02/18/2003; 02/19/2003; 02/20/2003; 02/21/2003 DATE OF JUDGMENT: 08/15/2003

Mr S Crawshaw SC with Mr P Ginters of counsel

SOLICITOR Crown Solicitor's Office SYDNEY.

LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson SC with Mr M L Shume of counsel

SOLICITOR Sparke Helmore SYDNEY.