NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Perilya Broken Hill Ltd [2010] NSWIRComm 66
PARTIES: Rodney Dale Morrison (Prosecutor) Perilya Broken Hill Ltd (Defendant)
FILE NUMBER(S): IRC 2372 of 2008
CORAM: Haylen J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - fatal accident in mining industry - remotely controlled loader crushes operator - plea of guilty entered to essential elements of offence but all particulars disputed - lengthy delay in resolving dispute over particulars - serious breach established - general and specific deterrence considers - substantial subjective factors - detailed safety system in operation - measures - adopted after accident caused operational problems - defendant converts to use of tele-remote loaders - tele-remote operation available at time of accident and being trialled by defendant - general deterrence - new operational method limits need for specific deterrence - first offender - co-operation with investigation of accident - contrition established - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001, cl 5
Inspector Kent v Duct Master Pty Ltd [2009] NSWIRComm 143 Kirk and Anor v Industrial Relations Commission of New South Wales and Anor [2010] HCA 1 CASES CITED: R v Borkowski [2009] NSW CCA 102 R v Thomson; R v Houlton (2000) 49 NSWLR 38 WorkCover Authority v Denson and Ors [2007] NSWIRComm 69
HEARING DATES: 10 May 2010
DATE OF JUDGMENT: 25 May 2010
Mr D O'Neil of counsel (Prosecutor) Crown Solicitors
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