NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Inspector Ken Evans v Country Energy [2006] NSWIRComm 29
PROSECUTOR: Inspector Ken Evans PARTIES: DEFENDANT: Country Energy
FILE NUMBER(S): IRC 4439 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - work on power line performed when line alive - failure to isolate power during work - employee fatally injured - amended application for order - plea of guilty promptly entered to amended charge - consideration of defendant's record of six previous offences - extensive safety system - further refinement of safety rules following accident - serious offence - need for specific deterrence to encourage compliance with safety obligations - consideration of subjective factors - penalty imposed.
Inspector Forster v Northpower [2002] NSWIRComm 92) Inspector Mason v Country Energy [2003] NSWIRComm 206 CASES CITED: Inspector Reynolds v North Power [2001] NSWIRComm 106 Veen v the Queen (No 2) (1988) 164 CLR 465 Weininger v the Queen (2003) 212 CLR 619
HEARING DATES: 03/02/2006
DATE OF JUDGMENT: 02/03/2006
PROSECUTOR: Mr R Reitano of counsel Legal Services Branch WorkCover Authority LEGAL REPRESENTATIVES:
DEFENDANT: Mr B Hodgkinson SC SOLICITORS: Deacons
JUDGMENT:
- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: HAYLEN J 3 February 2006
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