NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Craig Przibilla v Klanstin Pty Ltd; Inspector Craig Prizibilla v Klanstin Pty Ltd [2007] NSWIRComm 214
PROSECUTOR: Inspector Craig Przibilla PARTIES: DEFENDANT: Klanstin Pty Ltd
FILE NUMBER(S): IRC 3289 and 3290 of 2006
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - two breaches within two days concerning unguarded screw-hole in slaughter floor of abattoir - unguarded external conveyor also particularised - pleas of guilty entered - failure of safe system of work at many levels - employee slips into open screw-hole receiving severe injuries - serious breach established - general and specific deterrence considered - principle of totality applied - no prior convictions - significant subjective factors - defendant seeks exercise of discretion under s 6 Fines Act - inadequate information before Court as to corporate arrangements under which defendant operated abattoir - penalties imposed.
LEGISLATION CITED: Fines Act 1999 s 6
HEARING DATES: 9 May 2007; 14 August 2007
DATE OF JUDGMENT: 23 August 2007
PROSECUTOR: Mr I Taylor of counsel SOLICITORS: WorkCover Authority LEGAL REPRESENTATIVES: Legal Group
DEFENDANT: Mr Peter Frazer, Solicitor SOLICITORS: Kemp Strang
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: HAYLEN J 23 August 2007
Matter No IRC 3289 of 2006 INSPECTOR CRAIG PRZIBILLA v KLANSTIN PTY LTD Prosecution under s 8(1) of the Occupational Health and Safety Act 2000
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