NSW Caselaw
Industrial Court of New South Wales
CITATION: Thiess Pty Ltd and Anor v Inspector Steven Jones (WorkCover Authority of New South Wales) [2009] NSWIRComm 77
Appellants: PARTIES: Thiess Pty Ltd and Anor Respondent: Inspector Steven Jones (WorkCover Authority of New South Wales)
FILE NUMBER(S): IRC1503 of 2008
CORAM: Kavanagh J at [1]; Haylen J at [55]; Backman J at [1]
Full Bench: Appeal from decision of Acting Industrial Magistrate - risk to safety by reason of access to unfenced sediment pond - employee found in sediment pond after fatal heart attack - employees' duties away from pond - pond a risk on site - remoteness of risk - all employees at work have access to pond - all employees at risk - Acting Industrial Magistrate's decision upheld - no leave to appeal - orders CATCHWORDS: In addition: Haylen J Industrial Relations Act 1996 - s 197 - whether leave to appeal required - effect of Crimes (Appeal and Review) Act 2001
Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 s 23 s 56 Crimes (Local Courts Appeal and Review) Act 2001 Criminal Appeal Act 1912 s 5AA LEGISLATION CITED: Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 ss 156, 196 197; 191 Pt 7 Ch 4 Justice Act 1902 ss 131A 132 133 Occupational Health and Safety Act 1983 s 47 (4) Occupational Health and Safety Act 2000 s 105(3)
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