NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
WorkCover Authority of New South Wales (Inspector Ching) v Bros Bins Systems Pty Ltd [2005] NSWIRComm 226 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR WorkCover Authority of New South Wales (Inspector Barnabas Ching) PARTIES: RESPONDENT Bros Bins Systems Pty Ltd
FILE NUMBER(S): 5012 of 2001
CORAM: Marks J
CATCHWORDS: Occupational health and safety prosecution - penalty hearing - evidence given that company had put in place protective measures since accident - evidence that defendant did not forsee the possibility of accident - defendant had no prior convictions - evidence of defendant's financial position and delay of proceedings not sufficient to allow application of s6 of the Fines Act 1996 - objective seriousness of offence - penalty imposed.
Fines Act 1996 s 6 LEGISLATION CITED: Occupational Health and Safety Act 1983 s17(1)(b)
Inspector Ching v Bros Bins Sytsems Pty Ltd, Inspector Ching v Exo Pty Ltd t/as Tibby Rose Auto [2004] NSWIRComm 197 CASES CITED: Miceli (1997) 94 A Crim R 327 McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353
HEARING DATES: 06/28/2005
DATE OF JUDGMENT: 07/22/2005
PROSECUTOR Mr R Reitano of counsel Solicitor: Ms R Parmegiani WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr Kintominas of counsel Solicitor: Mr J J Castrissian Castrissian & Co
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