Inspector Gary Mason v Inverell Shire Council [2007] NSWIRComm 81

Industrial Court of New South Wales

CITATION: Inspector Gary Mason v Inverell Shire Council [2007] NSWIRComm 81

PROSECUTOR: Inspector Gary Mason PARTIES: DEFENDANT: Inverell Shire Council

FILE NUMBER(S): IRC 2338 of 2006

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - alleged breach of s 8 (2) - guilty plea - causeway repairs being made by Council - work involving employees and labour hire contracted labour - system of work involved employee holding large blocks of concrete - concrete falls while being held awaiting removal by tractor - absence of work method statement - absence of instruction, information or training regarding handling of large pieces of concrete - broken arm and crush injuries received - serious breach - general and specific deterrence considered - early plea - no prior convictions - penalty imposed

HEARING DATES: 19/03/07 EXTEMPORE JUDGMENT DATE: 19 March 2007

PROSECUTOR: Mr M Cahill of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES:

DEFENDANT: Mr D O'Neil of counsel SOLICITORS: DLA Phillips Fox

JUDGMENT:

INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Haylen J 19 March 2007

Matter No IRC 2338 of 2006 INSPECTOR GARY MASON v INVERELL SHIRE COUNCIL Prosecution under s 8(2) of the Occupational Health and Safety Act 2000 EX TEMPORE JUDGMENT [2007] NSWIRComm 81

1 Inverell Shire Council has entered a plea of guilty to an amended application for order alleging a breach of s 8 (2) of the Occupational Health and Safety Act 2000. The amended application for order notes that work was being performed at Mile Creek causeway on Havelar Park Road, Inverell, and alleges that contrary to s 8 (2) of the 2000 Act, the Council failed to ensure people other than employees of the Council, and in particular, Shane Kennedy, were not exposed to risk to their health or safety arising from the conduct of the defendant's undertaking while those persons were at the defendant's place of work.