NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Constable v Dubel Pty Ltd [2007] NSWIRComm 235 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR Inspector Martin Constable PARTIES: DEFENDANT Dubel Pty Ltd
FILE NUMBER(S): IRC 2933 and IRC 2944 of 2007
CORAM: Staff J
CATCHWORDS: Occupational health & safety - Prosecution under s 8(1) and s 8(2) of the Occupational Health & Safety Act 2000 - Construction industry - Crane collapsed - Employee suffered minor injuries - General deterrence - Subjective factors - Forty years operating in industry - Good safety record - Offence proven - Prior convictions - Totality - Penalties imposed
LEGISLATION CITED: Occupational Health & Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Crown in Right of the State of New South Wales (Dept of Education and Training) v Keenan (2001) 105 IR 181 Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 CASES CITED: Inspector Steven Jones v Belmadar Constructions Pty Ltd [2004] NSWCIMC 17 Inspector Yeung v Thiess Pty Ltd (No 2) [2004] NSWIRComm 96 Morrison v Coal Operations Australia Ltd (No 2) (2005) 141 IR 465 Pearce v The Queen (1998) 194 CLR 610 WorkCover Authority of New South Wales v Belmadar Constructions Pty Ltd [2000] NSWIRComm 206
HEARING DATES: 8 August 2007
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