NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Barry Sutcliffe v T & F All States Pty Ltd [2009] NSWIRComm 19
PROSECUTOR: Inspector Barry Sutcliffe PARTIES: DEFENDANT: T & F All States Pty Ltd
FILE NUMBER(S): IRC 528 of 2008
CORAM: Haylen J
CATCHWORDS: Occupational Health & Safety Act 2000 - s 8(1) - plea of guilty entered to amended application for order - potato peeling machine - new employee not fully inducted - deep cleaning process conducted by experienced employee - cleaning involving unguarded moving rollers and operating machine while cleaning with pressurised hose - new employee comes into contact with moving rollers - three fingers amputated and ongoing scarring and pain suffered - lengthy time off work - rehabilitation of injured employee assisted by defendant - serious breach - foreseeability of risk where moving rollers not guarded - simple steps required to eliminate risks - general and specific deterrence - defendant has otherwise significant system of safety - no prior convictions - early plea - good safety record and good corporate citizenship - substantial subjective considerations operate to mitigate penalty - victim's impact statement considered - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000
HEARING DATES: 20 February 2009
DATE OF JUDGMENT: 27 February 2009
PROSECUTOR: Mr M Scott of counsel SOLICTIORS: Ms Fiona Miller WorkCover Authority Legal Group
LEGAL REPRESENTATIVES:
DEFENDANT: Mr M Shume of counsel SOLICITORS: Ms Joanne Flitcroft SPARKE HELMORE
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate