NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Inspector Robert Mayell v Bilfinger Berger Services - Roads Pty Limited (formerly known as Abi Road Maintenance Pty Limited) and Another [2009] NSWIRComm 10
PROSECUTOR: Inspector Robert Mayell PARTIES: DEFENDANTS: Bilfinger Berger Services - Roads Pty Limited (formerly known as Abi Road Maintenance Pty Limited) Bitupave Limited trading as Boral Asphalt NSW
FILE NUMBER(S): IRC 1917 and 1918 of 2007
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - s10(1) - pleas of guilty - fatal accident involving a dual cab truck with restricted rear vision reversing over a road construction worker - risk to safety obvious and foreseeable - likely or probable consequences - systems in place at time of accident - safety measures available prior to accident - WorkCover Code of Practice "Moving Plant on Construction Sites" considered - general and specific deterrence - post-accident remedial measures - respective roles and culpabilities of both defendants considered - subjective factors considered - victim impact statement - Orders: penalty and costs.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
HEARING DATES: 2 July 2008
DATE OF JUDGMENT: 6 February 2009
PROSECUTOR: Mr M Cahill of counsel WorkCover Authority of New South Wales (Ms R Panagoda)
DEFENDANT: (Bilfinger) LEGAL REPRESENTATIVES: Mr B Hodgkinson of Senior Counsel, with Mrs W Thompson of counsel Deacons (Mr M Tooma)
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