NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ritchie Green v Coastal Fabrications Pty Ltd [2006] NSWIRComm 191
PROSECUTOR: Inspector Ritchie Green PARTIES: DEFENDANT: Coastal Fabrications Pty Ltd
FILE NUMBER(S): IRC 7054 of 2004
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 -s 8(1) - plea of guilty - plea entered on first day of 5 day hearing - defendant pleads to a substantially reduced charge - work performed on reservoir - use of unusually curved work platform on scaffolding - work performed at height - work platform not certified - scaffolding not stable - lack of protective railings - failure to comply with standards, codes and Regulation - two employees fall 6 to 7 metres when work platform detaches from scaffolding and falls - designer of platform pleads guilty to charges in separate proceedings - application of principle of parity - serious breach found - penalty imposed
CASES CITED: Inspector Green v Mamfe Pty Ltd and Colin Crouch [2005] NSWIRComm 429
HEARING DATES: 01/06/2006
DATE OF JUDGMENT: 06/07/2006
PROSECUTOR: Mr O'Neil of counsel SOLICITORS: Phillips Fox LEGAL REPRESENTATIVES:
DEFENDANT: Mr B McManamey of counsel SOLICITORS: Elliott & Sochacki
JUDGMENT:
- 7 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Haylen J 7 June 2006
Matter No IRC 7054 of 2004 INSPECTOR RITCHIE GREEN v COASTAL FABRICATIONS PTY LTD Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2006] NSWIRComm 191
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