NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Rowe v Mintark Pty Ltd and Harvey [2009] NSWIRComm 216
Inspector Andrew Rowe of WorkCover Authority of New South Wales (Prosecutor) PARTIES: Mintark Pty Ltd (First Defendant) Rodney Gerald Harvey (Second Defendant)
FILE NUMBER(S): IRC 217; IRC 221 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant deemed guilty by s 26(1) - early guilty pleas - appropriate penalty - objective seriousness - inadequate safety procedures and risk assessment - serious breach - injured worker - general and specific deterrence - remorse and contrition - ultimately financial burden will be borne by personal defendant - financial penalty on personal defendant reduced - no prior convictions - penalties imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1), s 26(1)
CASES CITED: Webster v AGG Concreting Pty Ltd, Darryl Coffey and Steven Stathis [2009] NSWIRComm 55
HEARING DATES: 2 December 2009
DATE OF JUDGMENT: 18 December 2009
Mr D Chin of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr M Gillis (solicitor) (First and second defendants) Solicitor: Gillis Delaney Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Friday 18 December 2009
Matter No IRC 217 & 221 of 2009
Inspector Andrew Rowe v Mintark Pty Ltd and Rodney Gerald Harvey
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