NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Chris Chadwick v B H MacLachlan (NSW) Pty Ltd. [2004] NSWIRComm 331 PROSECUTOR: Inspector Chadwick PARTIES : DEFENDANT: B H MacLachlan (NSW) Pty Ltd. FILE NUMBER: IRC 3973 of 2003 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(1) - system of mustering cattle on horseback - absence of safe system of work - equestrian helmet not provided - failure to provide training, information, instruction and supervision in mustering task carried out at remote locations - failure to provide effective communication systems - plea of guilty - workplace death of overseer - Coroner's Report unable to conclude death avoidable by use of helmet while mustering on horseback - objective seriousness of offence established by reference to system failures - substantial improvements made in safety system following accident - general and specific deterrence considered - subjective factors considered - early plea - first offence - penalty imposed
CASES CITED : WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 49 NSWLR 700 at [26] HEARING DATES: 10/01/2004 DATE OF JUDGMENT: 11/02/2004
PROSECUTOR: Mr C Hoy of counsel SOLICITORS: WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT: Mr J Dodd of counsel SOLICITORS: Piper Alderman
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