NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Colin Wall v Hunter Douglas Ltd [2007] NSWIRComm 56
PROSECUTOR: Inspector Colin Wall PARTIES: DEFENDANT: Hunter Douglas Ltd
FILE NUMBER(S): IRC 3315 of 2006
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8(1) - guilty plea - accident while operating metal slitting machine - crush and laceration injuries involving finger amputations - machine operator not returned to normal duties nearly two years after accident - serious breach established - general and specific deterrence considered - significant subjective factors - three previous offences - two offences relate to inadequate guarding of machinery but occurred ten years previously - metal manufacturing business involving dangerous machinery and numerous operators - good industrial record - early plea - co-operation with WorkCover investigation - contrition - penalty imposed CATCHWORDS:
HEARING DATES: 13/03/07 EXTEMPORE JUDGMENT DATE: 13 March 2007
PROSECUTOR: Ms P McDonald of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES:
DEFENDANT: Mr A Gotting of counsel SOLICITORS: Corrs Chambers Westgarth
JUDGMENT: 18 INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Haylen J 13 March 2007
Matter No IRC 3315 of 2005 INSPECTOR COLIN WALL v HUNTER DOUGLAS LTD Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 EX TEMPORE JUDGMENT [2007] NSWIRComm 56
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