NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Mansell) v Ove Arup Pty Ltd [2006] NSWIRComm 240
PROSECUTOR: WorkCover Authority of New South Wales (Inspector Mansell) PARTIES: DEFENDANT: Ove Arup Pty Ltd
FILE NUMBER(S): IRC 5482 and 5483 of 1999
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 1983 - s 17(1)(a) - pleas of guilty entered during course of hearing - breaches by one member of an unincorporated joint venture - whether control of defendant limited to its membership of Joint Venture Management Committee - whether there should be one penalty for the Joint Venture divided between the four Joint Venture participants according to their culpability - extent of control of defendant as member of Joint Venture Management Committee and as a single participant in the Joint Venture found to be considerable - general and specific deterrence considered - consideration of penalties imposed on other corporations involved in same incident - principles of parity and consistency considered - overlap in particulars of two charges covering two periods in time - totality - utilitarian value of plea - other subjective factors considered - penalties imposed
Abigroup Contractors Pty Ltd v WorkCover Authority of NSW (Inspector Maltby) [2004] NSWIRComm 270 Akula Pty Ltd (No 2) [2004] NSWIRComm 367 MacMillan Britton and Kell Pty Ltd v WorkCover Authority of New South Wales (Inspector Blake) (1999) 89 IR 464 Markarian v The Queen [2005] HCA 25 CASES CITED: Morrison v Akula Pty Ltd [2004] NSWIRComm 41 Morrison v Ureka Opals Pty Ltd [2005] NSWIRComm 80 WorkCover Authority of NSW (Inspector Ankucic) v McDonalds Australia Ltd and anor (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Mansell) v Edwards Madigan Torzillo Briggs, Ove Arup Consult and ors [2003] NSWIRComm 452; [2006] NSW CA 28 WorkCover Authority of New South Wales (Inspector Mansell) v TMG International Pty Ltd and ors (2002) 116 IR 128 WorkCover Authority of New South Wales (Inspector Page) v Growth Equities Services Pty Ltd, unreported 9 September 1994
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