NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector De Silva v Boral Construction Materials Group Ltd [2007] NSWIRComm 43
PROSECUTOR Inspector Prasad De Silva
PARTIES: FIRST DEFENDANT Boral Construction Materials Group Ltd
SECOND DEFENDANT Boral Resources (NSW) Pty Ltd
FILE NUMBER(S): IRC 2374 and 2375 of 2006
CORAM: Staff J
CATCHWORDS: Occupational health and safety - Prosecution under s 8(1) and s 10(2) of the Occupational Health & Safety Act 2000 - Building and construction industry - Accident occurred whilst cleaning cement truck - Defendants had systems of safety although deficient - Equal culpability - General and specific deterrence - No prior convictions - Good corporate citizenship - Subjective factors - Plea of guilty - Penalty imposed - Costs.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health & Safety Act 2000
Fletcher Construction Australia Limited v WorkCover Authority of New South Wales (Inspector Fisher) (1999) 91 IR 66 Inspector Hannah v Wonar Pty Ltd (unreported, Fisher CJ, Glynn and Cullen JJ, CT 90/1214, 30 June 1992) CASES CITED: Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd (2004) 136 IR 449 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 49 NSWLR 700
HEARING DATES: 16 February 2007
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