WorkCover Authority of New South Wales (Inspector Simpson) v Raynjune Pty Limited [2007] NSWIRComm 46

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Simpson) v Raynjune Pty Limited [2007] NSWIRComm 46

PROSECUTION: WorkCover Authority of New South Wales (Inspector Simpson) PARTIES: DEFENDANT: Raynjune Pty Limited

FILE NUMBER(S): IRC 3335 of 2004

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - plea of not guilty - alleged unsafe system of work - definition of 'system' and what constitutes a 'system of work' considered - expert witness evidence and reliance on opinions expressed considered of negligible weight - information, instruction and training provided by defendant as part of system of work considered inadequate - system of work required to incorporate provision for shortcuts and inadvertent acts of employees - system of work inadequate having regard to operation of the machine and the workplace circumstances prevailing - causal nexus between the defendant's failure and the risk to safety arising - defences arising under s 28(a) and (b) of the Act considered - relevant principles - held defences not established - offence found proved - penalty and costs to be determined.

Evidence Act 1995 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health, Safety and Welfare Act 1986 (SA)

Adler and anor v Australian Securities and Investments Commission (2003) 46 ACSR 504 Carrington Slipways v Callaghan (1985) 11 IR 467 Drake Personnel t/as Drake Industrial v WorkCover Authority of New South Wales (1999) 90 IR 432 Genner Constructions Pty Limited v Workcover Authority of New South Wales [2001] 110 IR 57 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Morrison v Powercoal Pty Limited and anor (2004) 137 IR 253 Powercoal Pty Limited v Industrial Relations Commission (New South Wales) (2005) 145 IR 327 CASES CITED: Riley v Australian Grader Hire Pty Limited (2001) NSWIRComm 31 Shannon v Comalco Aluminium Limited (1986) 19 IR 358 Slivak v Luigi (Aust) Pty Limited (2001) 205 CLR 304 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 Sydneywide Distributors v Red Bull Australia Pty Limited (2002) 55 IPR 354 WorkCover Authority of New South Wales v Cleary Bros (Bombo) Pty Limited (2001) 110 IR 182 WorkCover Authority of New South Wales v Fletcher Constructions Australia Pty Limited (2002) 123 IR 121 WorkCover Authority of New South Wales v Kirk Group Holdings Pty Limited (2004) 135 IR 166 WorkCover Authority of New South Wales v Maine Lighting Pty Limited (1995) 100 IR 248