NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Christopher Moore v OSS World Wide Movers Pty Ltd [2010] NSWIRComm 81
Inspector Christopher Moore (Prosecutor) PARTIES: OSS World Wide Movers Pty Ltd (Defendant)
FILE NUMBER(S): 588 of 2009
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - plea of guilty - workers are injured after falling over first floor balcony railing while attempting to move furniture - systems in place prior to offence - risk to safety and reasonable foreseeability of the risk - consequences of the breach - availability of simple measures to minimise risk - deterrence - section 21A(2)(i) whether offence committed without regard to public safety - subjective factors - penalty - orders
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Elyard v Regina [2006] NSWCCA 43 Inspector Dimitri Barlas v C & J Carpentry & Construction Pty Ltd and Others [2009] NSWIRComm 127 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 CASES CITED: Morrison v Powercoal Pty Ltd (2003) 130 IR 364 R v Mauai [2005] NSWCCA 207 R v Way (2004) 60 NSWLR 168 Regina v Aslan [2005] NSWCCA 121 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Another (2000) 95 IR 383
HEARING DATES: 5/11/2009
DATE OF JUDGMENT: 28 June 2010
Mr M Scott (Prosecutor) WorkCover Authority of New South Wales (Ms A Wong) LEGAL REPRESENTATIVES: Mr A Gotting (Defendant) Heidtman & Co Lawyers (Ms KA Nathan)
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