NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector David Singh v ABB Australia Pty Ltd [2007] NSWIRComm 274
PROSECUTOR: Inspector David Singh
PARTIES: DEFENDANT: ABB Australia Pty Ltd
FILE NUMBER(S): IRC 7574 of 2004
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - breach established in contested proceedings - sentencing hearing - environmental scientist undertaking hazardous material inspection - work performed in roof of factory - risks associated with working at height and close to electrical lines powering overhead cranes - usual safety induction not carried out by defendant - no instruction given about working at height or near electrical lines - objective seriousness of offence - unusual circumstances of factory decommission a mitigating factor - significant safety requirements in operation - special and specific deterrence considered - subjective factors - penalty imposed
CASES CITED: Inspector David Singh v ABB Australia Pty Ltd [2007] NSWIRComm 62 WorkCover Authority (NSW) v Denson and ors (2007) 162 IR 199
HEARING DATES: 2 November 2007
DATE OF JUDGMENT: 7 November 2007
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: DLA Phillips Fox
LEGAL REPRESENTATIVES: DEFENDANT: Mrs W Thompson of counsel Solicitors: Middletons Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: HAYLEN J 7 November 2007
Matter No IRC 7574 of 2004 INSPECTOR DAVID SINGH v ABB AUSTRALIA PTY LTD Prosecution under s 8(2) of the Occupational Health and Safety Act 2000.
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