NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector May v Reckitt Benckiser (Australia) Pty Ltd [2009] NSWIRComm 63
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Reckitt Benckiser (Australia) Pty Ltd
FILE NUMBER(S): IRC 1867 of 2008
CORAM: Marks J
CATCHWORDS: OHS prosecution - failed to ensure persons other than employees were not exposed to risks to health and safety - guilty plea - penalty - work undertaken at time of incident was under direct control of defendant - defendant had no systematic, structured and programmed approach to the manner in which the task was to be undertaken - no risk assessment - no information, instruction, training or supervision - defendant had not yet reached the stage of considering risks - breach is a most serious one - deterrent effect - mitigating factors - prior convictions - penalty imposed.
LEGISLATION CITED: Occupational Health and Safety Act 2000 s8, s10
CASES CITED: R v Olbrich (1999) 199 CLR 270
HEARING DATES: 19 December 2008 and 24 April 2009
DATE OF JUDGMENT: 12 May 2009
PROSECUTOR Mr M Scott of counsel Solicitor: WorkCover Authority of New South Wales Legal Group LEGAL REPRESENTATIVES: Ms A Wong
DEFENDANT Mr M Cahill of counsel Solicitor Sparke Helmore solicitors Mr P Thompson
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Tuesday 12 May 2009
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