Inspector William Keenan v Kyogle Council [2002] NSWIRComm 137

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector William Keenan v Kyogle Council [2002] NSWIRComm 137 PROSECUTOR: Inspector William Keenan PARTIES : DEFENDANT: Kyogle Council FILE NUMBER: IRC 4932 of 2001 CORAM: Glynn J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(1) - plea of guilty - workers exposed to risk - one killed - failure to provide place of work and means of access and egress from place of work that was safe and without risks to health - failure to provide adequate information, instruction and training and provide such supervision as would ensure employees' health and safety at work - full discount allowed for plea of guilty - further discount for factors in mitigation - penalty imposed. Occupational Health and Safety Act 1983 - penalty - application of s 51A. LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) s 51A Capral Aluminium v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) [2001] NSWIRComm 267 (2001) 110 IR 57 R v DeSimoni (1981) 147 CLR 383 R v Garry Grant Greenhalgh [2001] NSWCCA 272 CASES CITED : R v Thompson & Houlton [2000] NSWCCA 309 Ridge Consolidated Pty Ltd v Mauger [2002] NSWIRComm 108 WorkCover Authority of New South Wales (Inspector Pompili) v Central Sydney Area Health Service [2002] NSWIRComm 44 WorkCover Authority of New South Wales (Inspector Tyler) v Grocon Constructions Pty Ltd [2001] NSWIRComm 150 (2001) 108 IR 403 WorkCover Authority of New South Wales (Inspector Farrel) v MIM Transport Pty Limited [2002] NSWIRComm 58 HEARING DATES: 04/05/2002 DATE OF JUDGMENT: 06/24/2002