NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Morgenthal) v Rail Corporation New South Wales [2009] NSWIRComm 76
PROSECUTOR Inspector Mark Morgenthal PARTIES: DEFENDANT Rail Corporation New South Wales
FILE NUMBER(S): IRC 80 of 2009
CORAM: Staff J
CATCHWORDS: Occupational health and safety - Rail authority - Rail mounted crane tipped over - Employee trapped in operator's cabin - Obvious risk to safety - Aggravating factors - Mitigating factors - General deterrence - Specific deterrence - Subjective considerations - Previous conviction - Guilty plea - Penalty imposed - Costs
Occupational Health & Safety Act 2000 LEGISLATION CITED: Transport Administration Amendment (Rail Agencies) Act 2003 Transport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Inspector Ian Lancaster v Rail Corporation of New South Wales. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 189 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 CASES CITED: Morrison v Coal Operations Australia Ltd (No 2) (2005) 41 IR 465 R v Thomson: R v Houlton (2000) 49 NSWLR 383 Warman International Limited v WorkCover Authority of New South Wales (1998) 80 IR 326 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Another (2000) 95 IR 383 WorkCover Authority of NSW (Inspector Egan) v Atco Controls Pty Ltd (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Larkin) v Rice Growers Co-operative Limited (2002) 120 IR 123 WorkCover Authority of New South Wales (Inspector Riley) v Broken Hill Proprietary Company Limited (1998) 83 IR 427
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