NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Patton v Star Track Express Pty Ltd [2007] NSWIRComm 192
PROSECUTOR Inspector John Patton PARTIES: DEFENDANT Star Track Express Pty Ltd
FILE NUMBER(S): IRC 3546 of 2006
CORAM: Staff J
CATCHWORDS: Occupational Health and Safety - Prosecution under s 8(2) of the Occupational Health & Safety Act 2000 - Non employee - Freight haulage industry - Contractor caught between rear of reversing semi-trailer and loading dock - Contractor suffered fatal injuries - Foreseeability - General and specific deterrence - Plea of guilty - Offence proven - Penalty imposed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health & Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Christensen v Ravey Pty Ltd [2007] NSWIRComm 109 Inspector Green v Camilleri Properties Pty Ltd (2006) 152 IR 156 CASES CITED: Inspector Robert Egan v Coles Supermarkets Australia Pty Ltd trading as Coles Supermarkets [2006] NSWIRComm 7 Inspector Woodington v Thiess Services Pty Ltd (No 2) [2004] NSWIRComm 126 Morrison v Coal Operations Australia Ltd (No 2) (2005) 141 IR 465 Nelmac Pty Ltd v Franke (Inspector) (2006) 151 IR 63 Riley v Australian Grader Hire Pty Limited (2001) 103 IR 143
HEARING DATES: 24 July 2007
DATE OF JUDGMENT: 7 August 2007
PROSECUTOR Mr M Cahill of counsel Solicitor: Ms R Panagoda WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
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