NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Nixon) v James Hardie Australia Pty Ltd [2006] NSWIRComm 326
PROSECUTOR WorkCover Authority of New South Wales (Inspector Rebecca Nixon) PARTIES: DEFENDANT James Hardie Australia Pty Ltd
FILE NUMBER(S): IRC 5433 of 2005
CORAM: Marks J
CATCHWORDS: OH&S – guilty plea – no evidence given by driver or injured person – no system implemented prior to incident that would have avoided or minimised risk of injury – mitigating factors – cooperation with prosecutor – expression of contrition and remorse – defendant had extensive OH&S training program prior to incident – prior record brought to courts attention by defendant. Held: Objectively serious, though not most serious case – penalty imposed.
LEGISLATION CITED: Occupational Health and Safety Act 2000
HEARING DATES: 21/09/2006
DATE OF JUDGMENT: 10/23/2006
PROSECUTOR SOLICITOR: Mr J Rodney Carroll & O'Dea Lawyers LEGAL REPRESENTATIVES:
DEFENDANT SOLICITOR: Mr C Dunn Corrs Chambers Westgarth Lawyers
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Marks J
Monday, 23rd October 2006
Matter No IRC 5433 of 2005
Inspector Rebecca Nixon v James Hardie Australia Pty Ltd
Prosecution under s 8(2) of the Occupational Health and Safety Act 2000
JUDGMENT
[2006] NSWIRComm 326
1 The defendant James Hardie Australia Pty Ltd has pleaded guilty to a prosecution brought by Inspector Rebecca Nixon of the Workcover Authority of New South Wales to a breach of s 8(2) of the Occupational Health and Safety Act 2000 ("the Act"). The charge, which is constituted by an amended application for order, is that the defendant being an employer on 27 October 2003 at 10 Colquhoun Street, Rose Hill ("the premises") in the State of New South Wales, " DID FAIL , contrary to Section 8(2) of the 2000 Act to ensure that people (other than the employees of the Defendant employer), and in particular Mr Ernesto Martinelli, are not exposed to risk to their health or safety arising from the conduct of the Defendant employer's undertaking while they are at the Defendant employer's place of work. Date of Offence : 27 October 2003
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