Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 9

Industrial Relations Commission of New South Wales

CITATION: Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 9

Prosecutor: Inspector Robert Johnston

PARTIES: First defendant: Hire N' Higher Scaffolding Pty Ltd (ACN: 083 035 189)

Second defendant: Lipman Pty Ltd (ACN: 001 548 830)

FILE NUMBER(S): 3476 and 3475 of 2004

CORAM: Backman J

CATCHWORDS: Occupational health and safety prosecutions - defended hearings under s 8(2) of the Occupational Health and Safety Act 2000 - worker falls five metres from an elevated work platform while assisting in the dismantling of scaffolding - relevant risk to safety - alleged failures to ensure fall protection and to ensure the safe dismantling of scaffolding - whether risk to safety arose during the course of the defendants' respective undertakings - place of work - held offences proven - s 28 defences - held s 28 defences not made out - both defendants found guilty of offences - orders.

LEGISLATION CITED: Occupational Health and Safety Act 2000 Occupational Health and Safety Act 1983

Abigroup Contractors Pty Limited v WorkCover Authority of New South Wales (Inspector Maltby) (2004) 135 IR 317 Dunlop Rubber Australia Ltd v Buckley (1952) 87 CLR 313 CASES CITED: Mainbrace Constructions Pty Ltd v WorkCover of New South Wales (Inspector Charles) (2000) 102 IR 84 WorkCover Authority of New South Wales (Inspector Childs) v Kirk Group Holdings Pty Ltd and Anor (2004) 135 IR 166 WorkCover Authority of NSW (Inspector Farrell) v Ross Colin Morrison [2001] NSWIRComm 325 WorkCover v TRW [2001] NSWIRComm 52