Botany Bay City Council v Inspector Derek Pryor [2009] NSWIRComm 12

Industrial Relations Commission of New South Wales

CITATION: Botany Bay City Council v Inspector Derek Pryor [2009] NSWIRComm 12

APPELLANT: Botany Bay Council PARTIES: RESPONDENT: Inspector Derek Pryor (WorkCover New South Wales)

FILE NUMBER(S): IRC 236 of 2007 and IRC 858 of 2008

CORAM: Walton J Vice-President; Staff J; Backman J

Appeal - Dangerous Goods Act 1975 (now repealed) - s 197 of the Industrial Relations Act 1996 - appeals against conviction and sentence - whether evidence before Chief Industrial Magistrate was sufficient to sustain a finding beyond reasonable doubt that there was on premises a quantity in excess of 1,000 litres of liquid chlorine - held: finding by Chief Industrial Magistrate that offence established an error - appeal upheld.

CATCHWORDS: Appeal - occupational health and safety - Occupational Health and Safety Act 2000 - s 197 of the Industrial Relations Act 1996 - appeal against conviction - whether error in finding that appellant failed to provide or maintain a safe system of work for the manual handling or conveying of liquid chlorine - held: no error identified - appeal dismissed.

Appeal - occupational health and safety - Occupational Health and Safety Act 2000 - s 197 of the Industrial Relations Act 1996 - appeal against sentence - whether sentence manifestly excessive - whether appellant should be treated as an individual or a corporation for the purposes of s 12 of the Occupational Health and Safety Act 2000 - held: appellant a corporation for the purposes of s 12 of the Act - sentence not manifestly excessive - appeal dismissed.

Corporations Act 2001 (Cth) Dangerous Goods Act 1975 Industrial Relations Act 1996 LEGISLATION CITED: Interpretation Act 1987 Local Government Act 1993 Local Government Amendment (Legal Status) Act 2008 Occupational Health and Safety Act 2000