NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Webster v Joyce [2009] NSWIRComm 52
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Daniel Kristopher Joyce
FILE NUMBER(S): IRC 1074 of 2008
CORAM: Marks J
CATCHWORDS: OHS prosecution - defendant charged as director of company that contravened same provision of the act - guilty plea - penalty - defendant is now more conscious of OHS obligations - most serious offence - failure of company to ensure protective structures were in place - deterrence - mitigating factors - no prior convictions - expression of contrition and remorse - taken positive steps since incident to ensure compliance with responsibilities under the act - early guilty plea - co-operated with investigations - penalty imposed.
LEGISLATION CITED: Occupational Health and Safety Act 2000 s8, s26
HEARING DATES: 31 October 2008, 9 March 2009
DATE OF JUDGMENT: 29 April 2009
PROSECUTOR Mr C Magee of counsel Solicitor Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Ms A Wong
DEFENDANT Mr R Warren of counsel Solicitor Aubrey Brown Partners Mr J Peach
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Wednesday 29 April 2009
Matter No IRC 1074 of 2008
Inspector David Webster v Daniel Kristopher Joyce
Prosecution under s 8(1) by virtue of s 26(1) of the Occupational Health and Safety Act 2000
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