NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Lyndon Tomlinson v Onesteel Reinforcing Pty Limited [2008] NSWIRComm 173
PROSECUTOR: Inspector Lyndon Tomlinson PARTIES: DEFENDANT: Onesteel Reinforcing Pty Limited
FILE NUMBER(S): IRC 254 of 2007
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - s 8(1) - plea of guilty - accident involving defective forklift with suspended load which fell on injured worker - risk to safety - system of work in place prior to offence - availability of remedial measures prior to offence - whether reasonable forseeability of an accident relevant to penalty - consequences of breach - general and specific deterrence - prior conviction - personal factors - penalty - orders
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Caparal Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 99 IR 29 Department of Mineral Resources of NSW (McKensey) v Kembla Coal & Coke Pty Ltd (1999) 92 IR 8 Inspector Aldred v Herbert and others [2007] NSWIRComm 170 CASES CITED: Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Rail Infrastructure Corporation v Inspector Victor Page [2008] NSWIRComm 169 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pt Ltd (2004) 136 IR 449 WorkCover Authority of New South Wales (Inspector Egan) v ATCO Controls Pty Limited (1998) 82 IR 80
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