NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Patton v Australian Steel Mill Services Pty [2006] NSWIRComm 372
PROSECUTOR: Inspector John Patton (WorkCover Authority of NSW) PARTIES: DEFENDANT: Australian Steel Mill Services Pty (ACN 003 705 673)
FILE NUMBER(S): IRC 5338 of 2005
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecution under section 8(1) of the Occupational Health and Safety Act 2000 - steelworks industry - plea of guilty - contract with BlueScope Steel (AIS) Pty Ltd - work involving removal and processing of slag - exposure to carbon monoxide gas - employee collapsed into unconsciousness during uncontrolled gas leak - failure of safety system - specific and general deterrence - parity considerations - mitigation - penalty imposed
LEGISLATION CITED: Crimes (Sentencing and Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsey) (2000) 49 NSWLR 610 Inspector Brett Martin v Encore Tissue Pty Limited [2005} NSWIRComm 271 Inspector David Waterhouse v Innovative Property Developments Pty Ltd and Others [2006] NSWIRComm 97 CASES CITED: Inspector Patton v Bluescope Steel (AIS) Pty Limited [2006] NSWIRComm 283 Inspector Patton v Serco Australia Pty Limited [2006] NSWIRComm 284 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Tyler v Sydney Electricity (1993) 47 IR 1
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