Inspector Brian Dell v Jeffrey Fitzpatrick [2003] NSWIRComm 69

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Brian Dell v Jeffrey Fitzpatrick [2003] NSWIRComm 69 PROSECUTION Inspector Brian Dell PARTIES : DEFENDANT Jeffrey Warren Fitzpatrick FILE NUMBER: IRC 1907 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Section 50 (1) and s 16(1) of the Occupational Health and Safety Act - Sawmilling industry - Plea of guilty - Person sustained fatal injuries when struck by a log forwarder - Offence proven - Impecuniosity of defendant - Penalty imposed - Costs reserved LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Inspector Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of New South Wales (Inspector Farrell) v David Carl Schrader (2002) 112 IR 84 HEARING DATES: 02/07/2003 DATE OF JUDGMENT: 03/17/2003

PROSECUTION Mr G M Galluzzo of counsel Solicitor: Ms R Parmegiani LEGAL REPRESENTATIVES: WorkCover Legal Branch

DEFENDANT Mr J Miller of counsel

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Boland J

Date: 17 March, 2003

Matter No IRC 1907 of 2002 INSPECTOR BRIAN DELL v JEFFREY WARREN FITZPATRICK

Prosecution under s 16(1) of the Occupational Health and Safety Act 1983 JUDGMENT [2003] NSW IRComm 69 1 The defendant, Jeffrey Warren Fitzpatrick, was a director of Suemart Logging Pty Ltd ("Suemart"), a company in the business of harvesting and supplying logs to a sawmill operated by Wyoming Mill Pty Ltd at Niangala in New South Wales. On 2 May 2000 the defendant was operating plant known as a log forwarder in the log yard of the sawmill. The log forwarder, which was a heavy, tractor-like, four wheel drive, articulated vehicle, had a load of logs estimated to have a mass of 16 tonnes. The defendant had commenced to move the log forwarder with the intention of travelling 30 metres to a log deck where the logs were to be unloaded. As the defendant did so, Wayne Stanley Davison, an assistant manager employed by Wyoming Mill, was struck by the log forwarder causing him fatal injuries.