NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Richard Mulder v GRD Minproc Ltd [2008] NSWIRComm 82
Prosecutor: PARTIES: Inspector Richard Mulder Defendant: GRD Minproc Ltd
FILE NUMBER(S): IRC1085 of 2006
CORAM: Kavanagh J
CATCHWORDS: Plea of not guilty - judgment as to penalty - liability already determined - Charge under s8(2) of the Occupational Health and Safety Act 2000 - head contractor - construction site - failure to ensure penetrations were safely covered - risk ongoing - design of covers inadequate - failure to warn young apprentice of risk - foreseeable risk to safety - contribution of third parties to the risk - general and specific deterrence - subjective factors considered - consistency of penalty
LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Richard Mulder v GRD Minproc Ltd [2008] NSWIRComm22 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 CASES CITED: Markarian v R (2005) 215 ALR 213 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of NSW (Inspector Maddaford) v Coleman (2004) 138 IR 21
HEARING DATES: 28/03/08
DATE OF JUDGMENT: 24 April 2008
Prosecutor: Mr R. Reitano of counsel Solicitors: Mr H. Bell WorkCover Authority of NSW LEGAL REPRESENTATIVES:
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