NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Nicholson v Mackey [2010] NSWIRComm 159
PARTIES: Inspector Anthony Nicholson (Prosecutor) Phillip Mackey (Defendant)
FILE NUMBER(S): IRC 625 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY – prosecution pursuant to s 8(1) by operation of s 26 of the Occupational Health and Safety Act 2000 – undefended proceedings – inadequate safety procedures and risk assessment – prima facie charge established – evidence that defendant resided outside Australia during the relevant period – whether appropriate to consider defence pursuant to s 26(1)(a) – proceedings stood over for further hearing regarding possible defence pursuant to s 26(1)(a) or appropriate penalty
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1), s 26
CASES CITED: Inspector James v Ryan [2009] NSWIRComm 215
HEARING DATES: 25 October 2010
DATE OF JUDGMENT: 22 November 2010
Mr R Reitano of counsel (Prosecutor) Solicitor LEGAL REPRESENTATIVES: Legal Group WorkCover Authority of NSW
No appearance (Defendant)
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: MARKS J
Monday 22 November 2010
Matter No IRC 625 of 2009
INSPECTOR ANTHONY NICHOLSON v PHILLIP MACKEY
Prosecution pursuant to s 8(1) by operation of s 26 of the Occupational Health and Safety Act 2000
JUDGMENT
[2010] NSWIRComm 159
1 In these proceedings, the defendant, Phillip Mackey, has been charged by the prosecutor, Inspector Anthony Nicholson of the WorkCover Authority of New South Wales, with a breach of s 8(1) of the Occupational Health and Safety Act 2000 ("the Act"). Mr Mackey has been so charged because, as is alleged, he was a director of a corporation NT Prestressing Pty Ltd ("NT"), which was guilty of a breach of the same provision of the Act and, as such, is deemed to have been guilty of the same section by reason of the provisions of s 26 of the Act. 2 Relevantly, ss 8(1) and 26 of the Act are in the following terms.
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