NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Mason v Wild Geese Building and Maintenance Group Pty Ltd [2006] NSWIRComm 350
APPELLANT: Inspector Gary Mason PARTIES: RESPONDENT: Wild Geese Building and Maintenance Group Pty Ltd
FILE NUMBER(S): IRC 2513 of 2006
CORAM: Wright J President; Walton J Vice-President; Schmidt J
CATCHWORDS: Appeal - Occupational health and safety - Appeal from fine imposed at first instance - Fine alleged to be manifestly inadequate - Seriousness of offence - Serious injury suffered - Potential for more serious situation to occur - Work performed inherently dangerous - Foreseeability of risk - Fall from roof of building onto concrete floor below - Absence of fall protection - Difficulties in comparing penalties under the OH&S Act - Approach to be adopted in re-sentencing on appeal - Costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 s 5D Industrial Relations Act 1996 s 196 Occupational Health and Safety Act 2000 s 8 s 12
Dinsdale v The Queen (2000) 202 CLR 321 Inspector Dubois v Masters Civil Pty Ltd and Anor [2006] NSWIRComm 180 Inspector Glass v B T Engineering Pty Ltd as Trustee of the Bruce Thomas Family Trust [2004] NSWIRComm 245 Inspector Green v Camilleri Properties Pty Ltd and Anor [2006] NSWIRComm 90 Inspector Guillarte v Trustees of De La Salle Brothers [2004] NSWIRComm 49 Inspector Jones v Chalita and Anor [2006] NSWIRComm 207 CASES CITED: Inspector Mason v Wild Geese Building & Maintenance Pty Ltd [2006] NSWIRComm 152 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1990) 90 IR 464 Masters Civil Pty Limited v Inspector Dubois [2006] NSWIRComm 332 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited (2000) 95 IR 383 WorkCover Authority of New South Wales (Insp Buggy) v Weathertex Pty Ltd (2003) 127 IR 60 WorkCover Authority of New South Wales (Insp Hopkins) v Red Lea Chickens Pty Ltd and Magg Transport and Packing Pty Limited [2003] NSWIRComm 71 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Limited (No 2) (2000) 99 IR 163
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