NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Egan) v Bituminous Products Pty Ltd [2001] NSWIRComm 43 PROSECUTOR: WorkCover Authority of New South Wales PARTIES : DEFENDANT: Bituminous Products Pty Limited [ACN 000 684 079] FILE NUMBER: 412 of 2000 CORAM: Schmidt J Occupational Health and Safety - plea of not guilty - prosecution for failure to maintain safe system of work - removal of bitumen spillage from external surface of bitumen vessel - no safe system of work established - risk to safety not due to failures of supervisor - offence found proven CATCHWORDS : Evidence - s69 of the Evidence Act 1995 - admissibility of accident report furnished by defendant under s27 of the Occupational Health and Safety Act 1983 - document not admissible LEGISLATION CITED : Evidence Act 1995 Occupational Health and Safety Act 1983 CASES CITED : Cullen v State Rail Authority (NSW) (1989) 31 IR 207 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 HEARING DATES: 02/20/2001; 02/21/2001 DATE OF JUDGMENT: 03/16/2001
PROSECUTOR: Mr M Cahill of counsel SOLICITORS: PricewaterhouseCoopers Legal LEGAL REPRESENTATIVES: DEFENDANT: Mr R Reitano of counsel SOLICITORS: Leigh Virtue & Associates Solicitors
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