NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Rodney Dale Morrison v Peter Keith Ross; Rodney Dale Morrison v Glennies Creek Coal Management Pty Ltd [2006] NSWIRComm 205
PROSECUTOR: Rodney Dale Morrison PARTIES: DEFENDANTS: Peter Keith Ross Glennies Creek Coal Management Pty ltd
FILE NUMBER(S): IRC 452- 453 of 2005; IRC 456- 457 of 2005
CORAM: Marks J
CATCHWORDS: OH & S - Pleas of guilty – corporate and individual defendant – assessment of penalty – objective seriousness – whether system of work was in place – whether systematic failure to create or adhere to a safe system – different consideration of general & specific deterrents for each defendant. Held: Aggregation of circumstance reflect basic defect in overall system – corporate defendant – mining inherently dangerous category – change of ownership of colliery- changes to the management – now regular safety audits and regular review – remedial steps to improve safety initiated immediately after incident. Individual defendant - high level of complicity – remains in mining industry – expressed remorse and contrition – actively involved in remedial action; principle of totality to apply to each defendant.
LEGISLATION CITED: Occupational Health & Safety Act 2000
CASES CITED: Powercoal Pty Ltd v Industrial Relations Commission of New South Wales (2005) 145 IR 327
HEARING DATES: 16/6/06
DATE OF JUDGMENT: 06/30/2006
PROSECUTOR: Mr M Cahill of Counsel Solicitor: J Morton I V Knight, Crown Solicitor LEGAL REPRESENTATIVES:
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