NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Schultz v Hoffman's Kundabung Sawmilling Pty Ltd [2006] NSWIRComm 277
Appellant Inspector Arthur Schultz PARTIES: Respondent Hoffman's Kundabung Sawmilling Pty Ltd (ACN 082 792 103)
FILE NUMBER(S): IRC 4424 of 2005
CORAM: Wright J President; Staff J; Backman J
CATCHWORDS: Appeal - Occupational Health and Safety Act 2000 - s 197A Industrial Relations Act 1996 - Appeal against decision by magistrate to acquit - Leave to appeal granted - Error in failing to give reasons for finding that no causal nexus between failure to ensure safety of workers at a sawmill and resultant risk - Errors in approach by reason of focus on irrelevant evidence - Error in finding that the experience and expertise of two workers alone was an adequate safe system of work - Error in failing to properly consider the absence of safety training and supervision as causally connected to the risk to safety - Held offence proven - Defences under s 28 of the 2000 Act - Defences not made out - Defendant found guilty of offence - Appeal upheld - Orders made.
Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 1985 (Vic) Occupational Health and Safety Act 2000
Chugg v Pacific Dunlop Limited (1988) VR 411 Cullen v State Rail Authority (NSW) (1989) 31 IR 207 Drake Personnel Limited t/a Drake Industrial v WorkCover Authority of New South Wales (1999) 90 IR 432 Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 Inspector Downie v Menzies Property Services (2004) 136 IR 449 CASES CITED: Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Shannon v Comalco Aluminium Limited (1986) 19 IR 358 WorkCover Authority of New South Wales (Inspector Dowling) v Bournelis & Anor (2003) 124 IR 447 WorkCover Authority of New South Wales (Inspector Legge) v Coffey Engineering Pty Limited (No 2) (2001) 110 IR 447 WorkCover Authority of New South Wales (Inspector Moore) v Blacktown City Council (2002) 124 IR 59 WorkCover Authority of New South Wales (Inspector Mulder) v Arbor Products International (Australia) Pty Ltd (2001) 105 IR 81 WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Constructions Australia Ltd (2003) 123 IR 121
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