The Crown in the Right of the State of New South Wales (Department of Education and Training) v Maurice O'Sullivan [2005] NSWIRComm 198

Industrial Relations Commission of New South Wales in Court Session

CITATION: The Crown in the Right of the State of New South Wales (Department of Education and Training) v Maurice O'Sullivan [2005] NSWIRComm 198

APPELLANT The Crown in the Right of the State of New South Wales (Department of Education and Training) PARTIES: RESPONDENT Maurice Michael O'Sullivan

FILE NUMBER(S): IRC 6021 of 2003

CORAM: Wright J President; Kavanagh J; Boland J

Appeal - Occupational health and safety - Assault by students on teacher's aide at special purpose school for severely intellectually disabled students - Charges as to failures in relation to human resources, information, training, counselling and equipment - Plea of not guilty at first instance - Three of five offences proven - Contention risk arose before alleged failures - Nature of risk - Causal nexus - Whether acts or omissions of appellant a significant or substantial cause of risk - Unnecessary that entire risk be eliminated to meet statutory obligation - Particular aspects of charges - Defences - Appeal dismissed CATCHWORDS: Occupational health and safety - Appeal - Assault by students on teacher's aide at special purpose school for severely intellectually disabled students - Charges as to failures in relation to human resources, information, training, counselling and equipment - Plea of not guilty at first instance - Three of five offences proven - Contention risk arose before alleged failures - Nature of risk - Causal nexus - Whether acts or omissions of appellant a significant or substantial cause of risk - Unnecessary that entire risk be eliminated to meet statutory obligation - Particular aspects of charges - Defences - Appeal dismissed