NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Patton v Serco Australia Pty Limited [2006] NSWIRComm 284
PROSECUTOR: Inspector John Patton PARTIES: DEFENDANT: Serco Australia Pty Limited (ACN 003 677 352)
FILE NUMBER(S): IRC 5337 of 2005
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecution under section 8(1) of the Occupational Health and Safety Act 2000 - steelworks - gas leak - blast furnace operations - carbon monoxide poisoning - plea of guilty entered - defendant under contract of Bluescope - first offence - general and specific deterrence - discount - penalty imposed - moiety to prosecutor - costs
LEGISLATION CITED: Crimes (Sentencing and Procedure) Act 1999 Occupational Health and Safety Act 2000
Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271 CASES CITED: Inspector David Waterhouse v Innovative Property Developments Pty Ltd and Others [2006] NSWIRComm 97 Tyler v Sydney Electricity (1993) 47 IR 1
HEARING DATES: 24/08/06
DATE OF JUDGMENT: 09/15/2006
PROSECUTOR: Ms K Nomchong of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES:
DEFENDANT: Mr HJ Dixon QC SOLICITORS: Minter Ellison
JUDGMENT:
- 30 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Schmidt J
15 September 2006
Matter No IRC 5337 of 2005
INSPECTOR JOHN PATTON v SERCO AUSTRALIA PTY LIMITED Prosecution under section 8(1) of the Occupational Health and Safety Act 2000 JUDGMENT
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