NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Michael Duncan v Glenpar Pty Ltd. Prosecution under s 10(1) of the Occupational Health and Safety Act 2000 [2007] NSWIRComm 290
PROSECUTOR: Inspector Michael Duncan
PARTIES: DEFENDANT: Glenpar Pty Ltd
FILE NUMBER(S): IRC 158 of 2007
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 10(1) - demolition and removal of fittings from store located in shopping mall - defendant principal contractor for refitting of shop - contractors engaged including contractor to demolish existing fittings and prepare shop for refurbishment - employee of contractor left unsupervised during demolition task - heavy bulkhead falls when support removed - employee seriously injured - failure of defendant to ensure contractors complied with scope of works - failure to provide contractors with adequate information about structures and ensure that work could be safety performed - failure to adequately monitor and supervise demolition work - serious breach established - need for general and specific deterrence - early plea - no prior convictions - subjective factors mitigate penalty - penalty imposed
CASES CITED: Inspector Michael Duncan v Salim Sarkis [2007] NSWIRComm 222
HEARING DATES: 20 November 2007 EXTEMPORE JUDGMENT DATE: 20 November 2007
PROSECUTOR: Mr P Skinner of counsel SOLICITORS: WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT: Mrs W Thompson of counsel SOLICITORS: Deacons
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