NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Bulga Coal Management Pty Ltd [2009] NSWIRComm 183
PARTIES: Rodney Dale Morrison of The Department of Primary Industries (Prosecutor) Bulga Coal Management Pty Ltd (Defendant)
FILE NUMBER(S): IRC 364 of 2008
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 - amended charge - guilty plea and appropriate penalty - objective seriousness - commitment to Occupational Health and Safety - general and specific deterrence - subjective factors - no prior convictions - orders made
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(2)
CASES CITED: Morrison v P&H Minepro Australasia Pty Ltd [2009] NSWIRComm 144
HEARING DATES: 10 August & 4 September 2009 and 28 & 29 October 2009 (written submissions)
DATE OF JUDGMENT: 6 November 2009
Mr P. Skinner of counsel (Prosecutor) Solicitor: Crown Solicitor LEGAL REPRESENTATIVES: Mr B Hodgkinson SC (Defendant) with Mr D Jordan of counsel Solicitor: Sparke Helmore Solicitors
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Friday 6 November 2009
Matter No IRC 364 of 2008
Rodney Dale Morrison v Bulga Coal Management Pty Ltd
Prosecution under s 8(2) of the Occupational Health and Safety Act 2000
JUDGMENT
[2009] NSWIRComm 183
1 In these proceedings, the prosecutor, Rodney Dale Morrison, of the New South Wales Department of Primary Industries, has charged the defendant, Bulga Coal Management Pty Ltd with a breach of the provisions of s 8(2) of the Occupational Health and Safety Act 2000 ("the Act"). The proceedings were originally instituted by an application for order filed in this Court on 18 March 2008. On 10 August 2009, an amended application for order was filed which contained particulars of the charge that are significantly different from those the subject of the original application. The defendant immediately entered a plea of guilty to the amended charge. 2 S 8(2) of the Act is in the following terms: 8 Duties of employers
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate