State Transit Authority of New South Wales v Guillarte [2003] NSWIRComm 128

Industrial Relations Commission of New South Wales in Court Session

CITATION : State Transit Authority of New South Wales v Guillarte [2003] NSWIRComm 128 APPELLANT State Transit Authority of New South Wales known as Sydney Ferries PARTIES : RESPONDENT Inspector Corrie Guillarte FILE NUMBER: IRC 4562 of 2002 CORAM: Wright J President; Walton J Vice-President; Haylen J CATCHWORDS : Appeal - Occupational health and safety - Appeal against conviction - Safe system of work - Decision of Chief Industrial Magistrate - Obligation of employer under s 15 of the Occupational Health and Safety Act 1983 - Recent authority - Defence not available - Decision of Chief Industrial Magistrate correct - Leave to appeal refused - Appeal dismissed. LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15 s 53 CASES CITED : WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Constructions Australia Limited [2002] NSWIRComm 316 HEARING DATES: 04/02/2003 EXTEMPORE JUDGMENT DATE : 04/02/2003

APPELLANT Mr R J Buchanan QC and Mrs W G Thompson of counsel Solicitors: Sparke Helmore (Mr G McCann) LEGAL REPRESENTATIVES: RESPONDENT Mr R M Goot SC with Ms L M McManus of counsel Solicitor: Ms R Parmegiani WorkCover Authority of New South Wales

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION FULL BENCH

CORAM: Wright J, President Walton J, Vice-President Haylen J