NSW Caselaw
Industrial Court of New South Wales
CITATION: Rodney Dale Morrison v Daniel Clifford and Anglo Coal (Dartbrook Management) Pty Ltd [2007] NSWIRComm 292
Prosecutor: Rodney Dale Morrison PARTIES: Defendants: Daniel Clifford Anglo Coal (Dartbrook Management) Pty Ltd
FILE NUMBER(S): IRC2366; IRC2367 of 2006
CORAM: Kavanagh J
Matter No 2366 of 2006 Charge under s8(2) (by virtue of s26(1)) of the Occupational Health and Safety Act 2000 - against individual defendant - Mine Manager - existing systems of safe working - failure to identify safe work procedure - untrained member of mining crew - basic task - defendant limited time in role of manager- safety conscious - application of s10 of the Crimes (Sentencing Procedure) Act 1999 - charge dismissed CATCHWORDS: Matter No 2367 of 2006 Charge under s8(2) of the Occupational Health and Safety Act 2000 - against corporate defendant - company in control of mine - no compliance with systems in place - failure to ensure safe system of work - unsafe work practice - failure to supervise - knowledge of unsafe roof condition - contribution of third party to risk - general and specific deterrence - foreseeability roof fall - fatality - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 Crimes (Sentencing Procedure) Act 1999
Capral Aluminium Ltd v WorkCover Authority of New South Wales [2000] 49 NSWLR 610 Inspector Christopher Downie v Menzies Property Services Pty Limited [2004] NSWIRComm 259 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v R (2005) 215 ALR 213 CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383 Rodney Dale Morrison v Roche Mining Pty Limited [2007] NSWIRComm 276 Signanto v The Queen (1998) 194 CLR 656 Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of NSW v McDonald's Australia Ltd and Anor (2000) 95 IR 383 Workcover Authority of New South Wales (Inspector Farrell) v David Carl Schrader (2002) 112 IR 284
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