NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover v Grocon Constructions Pty Ltd [2001] NSWIRComm 150 PROSECUTOR WorkCover Authority of New South Wales (Inspector Tyler) PARTIES : DEFENDANT Grocon Constructions Pty Ltd FILE NUMBER: IRC6074 of 1999 CORAM: Peterson J CATCHWORDS : Occupational health and safety - prosecution under s15(1) - crane lifting load - load catching upon metal facade support structure - components falling from load - fatal injury - plea of guilty - nature and quality of the offence - objective seriousness - system in conformity with WorkCover's guidelines - performed by an experienced and qualified person - dogman - tag lines - lower half of the full scale of penalty - discount - convicted and penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Lawrenson Diecasting Pty Ltd v Workcover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 464 Haynes v James Glass and Aluminium Pty Limited (unreported, CT91/772-775, 20 May 1994) HEARING DATES: 03/01/2001 DATE OF JUDGMENT: 07/05/2001
PROSECUTOR Mr D J Brezniak of counsel
SOLICITOR Legal Services Branch WorkCover Authority of NSW SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr P R Callaghan SC
SOLICITOR Colin Biggers & Paisley SYDNEY.
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