NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ritchie Green v Tyre Marketers (Australia) Ltd [2007] NSWIRComm 122
PROSECUTOR: Inspector Ritchie Green
PARTIES: DEFENDANT: Tyre Marketers (Australia) Ltd
FILE NUMBER(S): IRC 5976 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - tyre fitter working on site and remote from business centre - tyre explodes while being inflated - tyre fitter injured - guilty plea entered - risk known to defendant - deficient equipment supplied to tyre fitter to work on customer's site - failure to provide wheel restraining gear - failure to provide supervision and training to ensure work performed safely - prior offences - serious breach - need for general and specific deterrence - early plea - considerable subjective features - detailed safety plan and training available - risk known and easily addressed - penalty imposed
HEARING DATES: 1 May 2007 EXTEMPORE JUDGMENT DATE: 1 May 2007
PROSECUTOR: Mr M Cahill of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES:
DEFENDANT: Mrs W Thompson of counsel SOLICITORS: Blake Dawson Waldron
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Haylen J 1 May 2007
Matter No IRC 5976 of 2005 INSPECTOR RITCHIE GREEN v TYRE MARKETERS (AUSTRALIA) PTY LTD Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 EX TEMPORE JUDGMENT [2007] NSWIRComm 122 1 Tyre Marketers Australia Pty Ltd is a large company and a wholly owned subsidiary of Goodyear Tyres Pty Ltd and Pacific Dunlop Tyres Pty Limited. The company owned and operated a business known as "Beaurepaires for Tyres" that conducted a tyre retailing repair business from a number of outlets throughout Australia. One such outlet which was the Coffs Harbour store. 2 On 12 December 2003 an employee of Tyre Marketers who was working from the Coffs Harbour store was injured while inflating a truck tyre. 3 Following an investigation Inspector Ritchie Green commenced prosecution proceedings against Tyre Marketers alleging a breach of s 8 (1) of the Occupational Health & Safety Act 2000.
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